The personal injury
law firm that puts clients first

How Is Fault Proven in a Phoenix Slip and Fall Case?

February 19, 2021Premises Liability

If you or somebody you care about has been injured in a slip and fall accident caused by the careless or negligent actions of a property owner, you may be entitled to compensation. In general, you should be able to receive coverage for your injuries, any lost wages, any out-of-pocket expenses you incur, pain and suffering, and more. However, securing this compensation can be challenging. It is crucial for injury victims to prove the liability of the other party involved. Securing a skilled Phoenix slip and fall accident attorney is likely the best way to ensure that you receive the compensation you deserve.

Most Common Causes of Slip and Fall Accidents

Research indicates that slip and fall accidents account for more than one million visits to emergency rooms each year in the United States. These incidents make up approximately 12% of the total fall-related injuries each year.

Slip and fall accidents have a variety of causes, and they can occur at any type of property, whether we are talking about grocery stores, banks, private residences, office buildings, etc. Some of the most common causes of slip and fall accidents include the following:

  • Food or drink spills on the floor
  • Leaky appliances or roofs
  • Recently waxed or mopped floors
  • Wet entranceways caused by rain
  • Loose floorboards
  • Loose mats
  • Wobbly stairs
  • Torn carpeting

Property Owners Owe a Duty of Care to Guests and Visitors

In general, property owners owe an automatic duty of care to any person who has a right to be on their property. This generally includes any invited guests or visitors. Property owners need to take steps to ensure that their premises are regularly inspected and maintained and that there are no slip and fall hazards present. When a slip and fall hazard does occur, a property owner should take steps to remedy the situation as soon as possible and put up warning signs around the hazard until it can be fixed.

Determining Fault Involves Gathering Evidence

Determining fault after a slip and fall accident can be challenging, and this will involve gathering as much evidence as possible. Some of this evidence-gathering can begin at the scene of the incident. If an injury victim is able to do so, they should use their phone or another type of camera to take pictures of what caused the slip and fall accident. This type of evidence can be used by insurance carriers or presented to a jury in a personal injury case.

There may be other types of evidence that can be used in these cases, including the following:

  • Any available video surveillance captured on nearby cameras
  • Statements from any eyewitnesses to the slip and fall accident
  • Safety records kept by the property owner
  • Employee training records for the property in question

A skilled slip and fall accident attorney in Phoenix will be able to gather all of the evidence to help paint a clear picture of what happened to cause the incident. Additionally, an attorney will use the medical records of the slip and fall accident victim to present to insurance carriers or to a jury in an effort to gain maximum compensation for their client.

Articles