SLIP AND FALL
Tucson AZ Injury Lawyers
What is a “slip and fall” injury?
If you are on someone else’s property and injured yourself as a result of a dangerous condition, the property owner may be liable for your injuries. If you are a property owner and someone injures himself on your land, you may find yourself legally responsible for his or her injuries.
Slip and Fall/Premises Liability
In order to hold a property owner responsible for injuries you sustained for slipping, tripping or falling on their property you must be able to prove:
- That the owner or its employee caused the spill, torn area in carpet or in some way created the dangerous condition.
- That the owner or its employee was aware of the dangerous condition which caused you to slip, trip or fall.
- If you cannot show that the owner knew of the dangerous condition then the condition has to have been there long enough so that the owner should have known of the condition.
Is there any way that I might have contributed to the fall?
Under Arizona law, you are responsible for your degree or percentage of fault. You might bare some of the responsibility if the defendant can demonstrate that you contributed to your injuries by ignoring obvious warning signs.
If you are involved in a slip, trip or fall you need to ask yourself:
- Did I have a good reason, that the owner should have known, for being in the area of the dangerous condition?
- Was the dangerous condition “open and obvious”? Would an average person been able to have seen the dangerous condition and taken proper steps to avoid it?
- What kind of shoes were you wearing? Sandals, rubber soled shoes, high heels?
- Were you paying attention to what you were doing or were you running, jumping or fooling around?
What should you do if you are involved in a slip, trip or fall?
- Report the incident immediately so that there will be documented evidence of how you fell and what caused you to fall.
- Make sure that this report is filled out in your presence and demand that you be given a copy of that report before you leave.
- Get the names, addresses and phone numbers of all people involved or who witnessed your accident.
- Try to keep the item that caused you to fall. If it is something that will spoil or go bad, put it in a ziplock bag and keep it in the freezer.
- Also, preserve your shoes with the item still on them by placing the shoes in a plastic bag and sealing them shut.