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Proving Fault in Slip and Fall Accidents

(Last Updated On: December 6, 2014)

Slip and Fall Accidents in Arizona

Arizona property owners are legally required to keep their property maintained and safe.

If an owner fails to maintain his or her property, then he or she may be held accountable for resulting slip and fall injuries.

Common places where slip and fall accidents occur include work, commercial businesses, private residences, and publicly owned facilities.


Assessing Liability

In order for a property owner to be held liable for a slip and fall injury, he or she must have caused the danger, known there was a danger and failed to take appropriate steps, or should have known the danger existed.

While it is easier to determine liability in the first two situations, it can be more difficult to prove that an owner should have known of the danger.

In these cases, the judge or jury must determine whether the owner took reasonable steps to keep the property safe.


Defining Reasonableness

Negligence claims depend on whether or not the defendant’s actions were reasonable. In premises liability cases, the court will ask whether the owner made regular and thorough efforts to keep the property safe and clean.

This can be measured by the length of time the hazard was present, whether there are regular procedures for repairing the premises, and whether there was sufficient warning of the hazard.


Assessing Your Carelessness

Even though property owners have a duty to you as a guest, you also have a duty to be safe.

When pursuing a personal injury claim, you must determine whether or not your carelessness contributed to the accident.

For example, you need to show you had a legitimate reason for being in the dangerous area, the warning signs were insufficient, and that you were paying reasonable attention to your surroundings.

If you’ve suffered an Arizona slip and fall accident, you should immediately create a record of the hazard by taking pictures and gathering witnesses.

Posted in Arizona, Phoenix, Tucson.