When you are hurt due to slipping, tripping, and falling while visiting someone else’s property, taking care of the medical and legal matters by yourself can be a challenge. A Tempe slip and fall lawyer can help you determine the best course of action to protect your legal rights and collect the compensation you need and deserve for your injuries.
At Phillips Law Group, our dedicated injury attorneys have lived and worked in Arizona communities for over 30 years. We understand how these cases can impact individuals and families and are here to help make things right.
Many people associate trips and falls with minor injuries. While this is sometimes the case, unfortunately, these accidents can also cause serious harm. Broken bones, traumatic brain injuries, spinal cord damage, and back and neck injuries can all occur. Common causes of someone slipping and falling on someone else’s property include things like:
Our Tempe attorneys can review the details of a slip and fall incident to determine its cause and who should be held legally liable for the resulting damages. Responsible parties may include the property owner, business manager, employees at a store, or even a government entity such as a city if the fall takes place because of a broken sidewalk.
Under Arizona’s premises liability laws, property owners have a duty to protect people from sustaining injuries on their land. However, the level of care they are required to provide depends on the status of the visitor.
Invitees are people who are on a property for business purposes, including diners at a restaurant or patrons at a store. Invitees are typically owed the highest duty of care, since they are on the premises to benefit the owner. Owners must warn invitees of any known dangers, as well as regularly inspect for potential hazards.
Licensees are usually on someone’s property for their own benefit, such as someone stopping in to use the restroom at a gas station without purchasing anything or an invited social guest. Owners are required to warn licensees of any known dangers but do not have the same duty to regularly inspect for hazardous conditions.
Property owners are not legally required to provide any duty of care to people who come onto their premises without permission. They are not permitted to intentionally cause them harm, though. And special exceptions may apply under the attractive nuisance doctrine for children who wander onto the property.
Navigating Arizona’s slip and fall laws can be challenging to do while also recovering from injuries. A Tempe attorney who handles slip and fall cases can act as a vital resource to an injured person by handling all legal matters, addressing any questions or concerns, and advocating on behalf of their best interests.
When a Tempe attorney can prove that the owner or operator of a property failed to meet its duty of care and the failure led to a slip and fall, the plaintiff can claim compensation, or damages, from them. There are two types of compensatory damages available in all personal injury cases.
Economic damages are the financial losses the plaintiff suffered and will experience in the future due to their injury. Lost income due to missing time at work, medical expenses, and incidental costs like parking at medical appointments, hiring someone to do household tasks, and renovations to your home to accommodate a mobility aid, all fall into the category of economic damages.
Plaintiffs can also claim non-economic damages for the impact the injury had on their lifestyle and quality of life. Arizona plaintiffs can claim non-economic damages for emotional distress, disability, disfigurement, physical pain, and lost enjoyment of life.
Arizona follows the pure comparative negligence doctrine. This means that in a personal injury lawsuit, all parties are responsible for the harm that they caused. When an injured person (plaintiff) is partially responsible for an accident, they can still collect damages, but the amount is reduced by a percentage equal to their degree of responsibility for the incident.
When the parties negotiate prior to a trial, the insurance company for the responsible parties will often try to shift as much blame as possible onto the plaintiff to reduce their own liability. It is critical to work with an experienced Tempe slip and fall attorney in these cases. A legal professional can counter these attempts and keep responsibility on the land owner, preserving the plaintiff’s right to adequate compensation.
Laws called statutes of limitations require an injured person to file a lawsuit within a set timeframe. Arizona Revised Statutes § 12-542 allows two years from the date of injury for an adult to file a legal claim. If an injured person misses the deadline, the defendant will ask the court to dismiss the case, and courts will comply.
When the injured person is a child, their parent or guardian could file suit on their behalf within the two-year limit. Alternatively, the child has two years from their 18th birthday to sue on their own behalf.
When a plaintiff’s fall happened on government property, different timeframes apply. Anyone suing the state or a local government must file a notice with the appropriate agency within 180 days of the fall. If the notice is late or defective, the plaintiff cannot file a lawsuit against the government defendant.
The government agency has 60 days from the date of a timely notice of claim to investigate and either make a settlement offer or deny the claim. If the government agency does not respond within 60 days, the claim is deemed denied. The plaintiff is then free to file a lawsuit but must do so within one year of the injury date.
Slip and fall accidents can interfere with your daily life and upend your sense of safety. Luckily, Arizona law provides a way for you to seek compensation and justice for what you have been through. Rather than taking on the role of patient and lawyer by yourself, hire an attorney to take on the legal matters while you focus on resting and recovering.
Our firm understands how impactful a slip and fall can be to your physical and mental health. Unlike other personal injury firms, we are not afraid to take your case to trial if that may get you the most favorable outcome.
Call a Tempe slip and fall lawyer from Phillips Law Group today to set up an initial consultation. The first evaluation is free, and you are under no obligation to work with our law firm after this consultation. Give us a call today to learn more!
(602) 222-2222 
