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Phoenix Slip & Fall Lawyer
SLIP & FALL ACCIDENTS
Although it is common sense to keep walkways clear of obstructions, slippery spills, or trip hazards, such things are often ignored by passers-by. As a result, many innocent pedestrians suffer from personal injury after slipping or tripping. Broken bones are common in such situations, which could require expensive treatments such as bone setting, casting, pins and screws, and physical therapy.
It’s also possible for a person to fall and hit their head, causing traumatic brain injury that could end in permanent brain damage or amnesia. Another such catastrophic injury that could occur is a spinal cord injury. Such damage could cause temporary or permanent loss of feeling or even paralysis. Slip and fall accidents rarely occur without injury, so find out how you could obtain compensation by speaking with a dedicated Surprise injury lawyer today.
PROVING LIABILITY IN A SLIP & FALL CASE
While you may feel that the property owner of the place where your accident happened is at fault, there are necessary factors that must be proven first. There are some instances when the owner cannot be held responsible, for instance if the fall was a cause of a normal everyday occurrence. Sometimes people may trip over drains in the ground, but they serve a function and the owner cannot be held liable. On the other hand, there is a certain level of accountability for property owners to maintain a safe environment. Determining if you have a valid case can be tricky, but our legal team is more than capable at deciphering the intricacies of slip and fall accidents.
In order for you to claim that the owner of the land, retail store or place of residence is responsible for your injuries, you have to prove one of the following:
- Either the owner of the property or an employee had foreknowledge of dangerous conditions on their premises and did nothing to remedy the situation
- Either the owner of the property or an employee was at fault for causing the slippery surface, worn area, or other type of surface that would cause a slip and fall accident
- Either the owner of the property or an employee should have been aware of the dangers that were present on their premises, as someone who is considered to be “reasonable” would have found and fixed the issue
The last option is typically the reason that is used the most in slip and fall cases, but it can be difficult to prove. It is usually up to the judge to determine if the argument is based on common sense or if the owner should not be held liable. According to the law, the owner or employee is deemed “reasonable” if they make consistent efforts to maintain their premise, keeping in line with basic safety guidelines and general upkeep. Ultimately it is up to the judge to decide if the injury was merely an accident or if it could have been easily prevented if certain measures had been taken.
WHO IS RESPONSIBLE FOR YOUR ACCIDENT?
If you have suffered injury because of a slip and fall accident, it can be difficult to determine liability, especially if the accident occurred on public property. However, if you can prove that a party was responsible for maintaining the walkway and keeping it clean and clear of obstruction, you may have a case. An experienced Phoenix injury attorney from Gerber Injury Law could help you build a strong case to prove such liability. Call our offices immediately if you have been in a slip and fall accident.
Only an injury lawyer with experience and skill can maximize your compensation. Our firm has handled hundreds of personal injury cases and is fully capable of taking your case to court. Schedule your free consultation with an Surprise personal injury attorney from our firm today for helpful counsel. By reviewing your case, we could let you know exactly how we could fight for the payout you need to cover your costs..