phoenix, arizona personal injury attorney

Arizona Slip and Fall Lawyer: The Myth of Automatic Liability

Slip and fall? Trip and fall? You need an experienced Arizona slip and fall lawyer.

If you or a loved one recently fell in a business, you may be wondering whether the owner is automatically liable for any resulting injuries. That is what most people think—you fall on someone’s property, they are at fault. Right? Wrong. In fact, not even close. An Arizona Slip and Fall Lawyer will know the right circumstances in which the property owners are at fault.

Property owners have a legal duty to maintain their property in a reasonably safe condition. However, property owners are not automatically liable for your injuries. While the general belief may be that a property owner is automatically liable for harm occurring on their premises, in reality, there are many complex legal issues in determining whether or not the owner is liable. Thus, it is important, and probably imperative, to consult an experienced Arizona slip and fall lawyer to determine if the owner is responsible for your injuries and damages. An experienced Arizona slip and fall lawyer can properly assess your situation, determine whether you have a case and if so, help assure that you receive proper compensation for your injuries.

Under Arizona law, when you enter a business you are considered an “invitee.” Invitees are individuals who “invited” to a property for the landowner’s stated purpose (a party, to shop, etc…). An experienced Arizona slip and fall lawyer will tell you that the landowner must use reasonable and ordinary care to keep the property reasonably safe, including a duty to warn the invitee of non-obvious dangerous conditions known to the landowner. The landowner must use ordinary care in active operations on the land, and to make reasonable inspections to discover dangerous conditions and make them safe, or, provide proper warnings to his invited guests. Since a business owner invites a person to enter their property to buy, he or she is liable for failure to use “reasonable care” in keeping the premises safe.

The term “premises liability” refers generally to the legal responsibility of the owner of property for injuries that someone may sustain while on the property due to a dangerous or defective condition. Simply being injured while on another person’s property does not automatically impose responsibility on the owner. Responsibility depends on whether the owner created or allowed a dangerous condition to exist on the property. In Arizona, to succeed on a premises liability claim, you must prove that the business owner was negligent. This can be proven by showing the business owner failed to maintain a safe premises, created hazardous conditions on the property, or failed to eliminate a hazard. Your Arizona Slip and Fall Lawyer will know how to investigate to get these answers.

Negligence by a business owner generally involves failure to eliminate or adequately warn a customer about a dangerous condition. There are many dangerous conditions including:

  • wet floors
  • spills of unknown substances on floors
  • insufficient lighting
  • uneven steps or stairways
  • cracks in sidewalks
  • potholes in parking lots
  • lack of hand-rails on stairs
  • insufficient maintenance of balcony or stairway railing
  • falling or wrongly placed merchandise
  • irregular pedestrian ramps
  • others

If you or a loved one has been injured due to a fall, you may be entitled to compensation for your injuries. Since premises liability and slip/trip and fall claims involve complicated legal issues, it is crucial that you contact an experienced Arizona slip and fall lawyer, such as the specialists at Zachar Law Firm. An Arizona slip and fall lawyer will know the best course of action to take in your case to assure that your claim is properly investigated, to provide you the best opinion possible in stating an injury claim. For a free consultation about your case or questions, call (602) 494-4800 or visit us online at www.ZacharAssociates.com.

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