Slipping, tripping, and falling can cause injuries and can very severe and permanent injuries.
There is a myth that suggests if you fall and get hurt on another’s property, then the owner is automatically at fault. Completely False.
Premises liability claims are often difficult to prove. These claims involve a variety of complex legal issues and indeed, these claims may be the most difficult of all to pursue and win.
Christopher J. Zachar is experienced in representing clients who have been injured in slip and fall accidents. We have successfully recovered damages and compensation for clients from many large national grocery stores, convenience stores, hotels, residential premises, commercial premises and shopping malls.
If you have been injured in a trip and fall, slip and fall, or other premises liability accident and suspect that the business or property owner may be liable, contact our office as soon as possible. It is imperative that a thorough investigation be undertaken in these cases as soon as possible, to find evidence, gather witness information and statements and assure that all evidence is preserved. We offer free case evaluations and contingent attorneys fees. Arizona slip and fall lawyer: What to do when you fall.
The Burden of Proof in Premises Liability Accidents
Simply being injured while on another personís property does not make that person or property owner liable for your injuries (see Arizona Slip and Fall Lawyer: Even Trespassers Have a Right to Safety). You must prove negligence, meaning that the owner 1) failed provide or maintain a safe premises or 2) created hazardous conditions on the property, and then, 3) failed to warn, safeguard or eliminate the hazards.
Landowner liability and negligence may be based on failure to clean up a spill in a timely manner or failure to adequately warn a guest or customer about a dangerous condition. Contact us for help in figuring out your options according to the law if you were injured in a slip and fall accident on another personís property.
Why Is Contacting a Lawyer So Important?
Since premises liability and slip and fall claims involve complicated laws and legal issues, the first and most important step is to contact an experienced premises liability attorney. A thorough and quick investigation must be conducted and eyewitnesses must be contacted prior to any alteration or modification of the dangerous area. It is imperative that the owner be placed on notice to preserve all evidence. You should contact a lawyer as soon as is possible.
Also, there may be deadlines and statutes of limitations that may significantly affect your slip and fall case. You should not wait until the statute of limitations period is running out because your attorney may not have enough time to complete his investigation. Christopher J. Zachar is experienced in dealing with complex slip and fall legal issues and helping people get compensation for their injuries.
Slip and Fall Legal Issues: Arizona Laws
Frequently, a property owner in premises liability claims will claim that the injured victim should have seen the hazardous condition that caused the slip and fall. This is called the ìopen and obvious defense. This contention can be weak, considering that retailers often distract customers from watching their steps but it is asserted in almost every case. Business or property owners use eye-catching advertising and packaging to encourage customers to focus on the products rather than on the floor.
Another important slip and fall legal issue involves the status of the visitor or customer on the property. Owner liability will depend on what type of visitor the injured person was when injured: invitee, licensee, or trespasser:
Invitee. If a property owner invites a person to enter the property, he or she may be liable for failure to have reasonable care in keeping the premises safe. Examples include supermarket and retail store customers and, in Arizona, guests of an apartment tenant or motel guest.
Licensee. A licensee is not a customer, employee or trespasser; does not have a contract with the property owner; and is allowed by the owner on the property. A social guest at a home is considered a licensee. The property owner is liable for injury to a licensee for willful or want on injury, for hidden dangers, and if the guest is not adequately warned about dangers.
Trespasser. A trespasser enters someone elseís property without permission, like a burglar or other unwanted guest. A business or property owner is least liable compared with the other categories of visitors.
A trespasser is clearly defined, but figuring out whether the injured person was an invitee or licensee according to Arizona law can be difficult. Contact attorney Christopher J. Zachar for help with these complex slip and fall legal issues and for help in building a strong slip and fall injury claim.
To speak with an experienced Phoenix Slip And Fall Lawyer who specializes in helping victims, please contact Chris Zachar of Zachar Law Firm by E-mail or by phone. There is NO obligation and with your submission we are also offer a FREE case evaluation. Even if you are not submitting a case evaluation and just have a question, we are happy to offer real answers to your questions.