Can Slip and Fall Victims Share Fault for Their Injury?
- Home / Personal Injury /
- Can Slip and Fall Victims Share Fault for Their Injury?
December 30, 2021
Property owners and their insurance companies are always looking for a way to avoid liability for a slip and fall accident. They may often try to pin the blame on the victim, saying he or she should have been more careful or that he or she knew the risks of the hazard or obstacle the caused the accident.
While property owners and insurance companies often have little or no evidence to back up these arguments, it is possible for a slip and fall victim to share fault. It is important to remember also that the burden of proof in any slip and fall claim is on the victim. If the other party claims you are partially or entirely at fault, you and your attorney need to disprove it.
Below, we discuss how slip and fall victims could be found partially at fault for a slip and fall accident. If you were injured in this type of situation, you should strongly consider seeking help from an experienced Phoenix slip and fall attorney. Proving a slip and fall case is a complex task. Having a legal professional with extensive legal knowledge can help you build a strong case.
Liability for a Slip and Fall Injury
Proving a property owner is liable for a slip and fall accident is difficult. There are many factors that must be considered, particularly the victim’s legal status while on the property.
While property owners owe a duty of care to visitors, the requirements of that duty of care vary based on the victim’s legal status. For example, a property owner has a greater duty of care to an invitee than to a licensee.
Property owners are legally required to use reasonable care to make their property safe for invitees. If a property owner knew or should have known about a dangerous condition, he or she would have been required to correct it or warn invitees about it.
Meanwhile, licensees typically only need to warn guests about dangerous conditions if they are unlikely to discover them on their own.
The terms “reasonable care” and “warning” are not clearly defined, which gives some leeway for victims and property owners to potentially share fault for a slip and fall.
How Victims May Share Fault for a Slip and Fall
These are a few of the many reasons a victim could be assigned some fault for a slip and fall injury.
You Were Impaired
If you were drunk or under the influence of drugs at the time of the accident, you might be assessed with a large amount of fault for your injury.
Property Owner Issued a Warning
You may have no case if the property owner has proof that he or she verbally told you about a hazard or a visibly-posted sign and you ignored the warning. However, if you saw the warning sign, but the meaning was unclear, you may only be partially to blame.
Obstructed View
If a sign was posted, but the victim’s view of the warning was obstructed, the property owner may argue that you should have seen part of the sign and been more careful. However, in that instance, you might only be assigned partial fault for the accident.
Distracted or Inattentive
The property owner may claim you were distracted or not paying attention, which could make you partially liable. This argument may be valid, particularly if you were on your phone or running around in a way that a fall was more likely to happen.
Improper Footwear
The property owner may say you wore inappropriate footwear for the situation. For example, if you were wearing flip flops and the produce section of a grocery store typically has wet floors. The property owner may have a valid argument that you were partially negligent because of your choice of footwear.
Protecting Your Claim
Even if you are assigned some fault, you should still be able to recover compensation. However, you should be careful with what you say after the accident. The other side will be looking for things to help their case, such as admissions of fault after the accident. Simply saying you are sorry could be interpreted as an admission of some level of fault for what happened.
Keep your comments to a minimum and only discuss the situation in detail with your attorney, as these conversations are confidential. If you are concerned about your role in the accident, talk to your attorney. He or she can determine whether you are likely to share any fault for your accident. Do not assume you share any fault simply because of something the property owner or insurance company says.
Arizona’s Comparative Negligence Law
Arizona has a permissive comparative negligence law. Technically, you could be 99 percent to blame and still recover compensation. This is different from many other states where you can be barred from recovering compensation if you are more at fault than the other liable party.
It is important to note that your compensation award will be reduced based on your percentage of fault. In other words, a compensation award of $50,000 becomes $40,000 if you are found to be 20 percent at fault.
Call Today to Discuss Your Potential Claim
If you were injured in a slip and fall, one of the most important steps to take after seeking medical care is contacting an attorney to discuss possible legal action. You may be eligible to seek compensation for your damages. These cases are complex, so you need experienced legal help to build a strong argument.
At Phillips Law Group, not only is an initial consultation free, but there are also no upfront fees for our services. There is no financial risk in talking to us about your claim or in having us represent you. We do not get paid unless you get paid.
Give us a call today. We are ready to help. 1-800-706-3000
Free Case Evaluation
By submitting your contact information, you agree that we may contact you by telephone (including text) and email in accordance with our Terms and Privacy Policy

Your message has been sent
Thank you for your message, we will get back to you soon.
-
Working at Phillips Law Group has been great the 1st few years in I noticed how well organized and run this Firm was from Intake to Settlement the Client has the expertise of a staff member uniquely qualified for the particular stage of each Clients claim and all other Law firms try to emulate what we do here but none quite get it right because they lack one major component “Compassion”. We are a FAMILY not just a group of people/employees. We care deeply about each other and our clients’ we are considerate, compassionate and make sure that all our Clients’ needs are met from beginning to end. That’s because we treat our clients just like we treat each other. Nothing like walking through the office and saying Hello to fellow employees who always seem to be smiling. 16yrs in and it only seems to be getting better.
-
Phillips Law Group is a company that has taught me so many things. Here your work, your dedication, effort and discipline are valued, in addition to the fact that, as a woman, as an immigrant and as a human being, I have been given value and empowerment. We are a successful law firm because all workers feel part of a great family. I am very proud and honored to work at Phillips Law Group.
-
Working at Phillips Law Group has been a blessing from the beginning for me and I am extremely thankful to work for a firm that values their employees so much. Here I believe we are a huge family of hard working people that can bring a sense of comfort to our client’s lives in times of hardships, stress and chaos. From intake to Settlement we strive to provide the best customer care to all of our wonderful clients. With a 4.8 rating and over 1100+ star reviews on Google no surprise our firm is extremely well known for the quality of work we do!! #teamPLG!!
-
I was recently served court documents that I was being sued from an accident that happened years ago. For someone who has never been through something like this and not familiar with the court lingo or where to even begin, it was very frustrating and stressful. I reached out to a family member who knew Tracy Laskos and the great reputation of Phillips Law Group and within the hours of the initial call for help, I had a direct number to Lead Attorney Nassar. Nassar heard my case and almost instantly put me at ease by explaining the process and how easy it was to handle. Nassar spoke to me like he was a friend, not like I was a client. I am so grateful to Tracy, Nasar and of course my cousin Stephanie for helping out and giving me the direction that I needed to get through this situation. I plan on referring my friends, family and patients that are in need of a personal injury Attorney to Phillips Law Group. Thank you!!
-
A friend of mine recommended Phillips Law and I’m so grateful, because they were so wonderful, so down to earth, so professional. I felt like they were family.
-
Sophia H is a pleasure to work with! Thanks for all you do.
-
I would like to thank Vanessa Rodriguez for helping me with my case because I was in total shock about the accident. She had listened to all my concerns and had answered every question I had . She was great !!!
-
The lawyers here are of top quality. Especially Trey Dayes, who was always respectful and hard-working.
-
It’s an Honor and a Privilege to work for a company that cares about its employees and clients for 12 years. I’ve seen Management go out of their way to help someone whether it’s a personal matter or work related. I am also reminded of many occasions where a Client needed urgent help and we as a Team were able to get the person immediate assistance. At Phillips Law we make that happen through Teamwork and a dedication to our profession. I’ve had numerous jobs in several other fields, those were just jobs. This is a home. Many of us have been here for quite a few years, it feels like one large extended family.
-
Jasmine Delgado is an amazing paralegal. She was patient, kind and extremely knowledgeable. Highly recommend Phillips law group