Slip and Fall Injury
Slip and Fall Accidents and Use of an Injury Attorney
In the state of Arizona, it is a common occurrence to sustain injuries in a slip and fall accident. In a variety of slip and fall claims, there is a negative stigma that dreadfully follows you after filing your claim. The injuries you sustain from this type of accident are normally severe and will cause you to become unable to work or perform your daily responsibilities. The number of people involved in slip and fall accidents a year is hundreds to even thousands. One-third of adults over the age of 65 fall at least once within a year’s time.
A majority of these victims end up dying as a result of the injuries that they sustained in the slip and fall accident. If you or anyone in your family has recently been involved in a slip and fall accident, you are going to need the professional knowledge of a Phoenix slip and fall attorney. Here at Hutzler Law, we are highly trained individuals and have many years of practice in dealing with these particular types of cases which have led to accidental personal injuries.
The National Floor Safety Institute is an organization that is knowledgeable in education, safety, and research that aids citizens in preventing slip and fall accidents from occurring. NSFI presented hard facts that around 8 million citizens of the United States have suffered slip and fall injuries every year. These injuries resulted in them having to visit a hospital or even the emergency department due to the extent of their injuries.
Most of the victims that were injured involved more women than men. A little over two million of these accidents were caused by businesses practicing improper maintenance of their flooring or failing to fix the loose floor coverings which can easily cause someone to slip while walking across the floor. A percentage of worker’s compensation cases for injuries that took place at their work were due to one of the employees slipping and falling during their shift.
Statistics of National and Slip and Fall Accidents
- One million people or more per year sustain injuries that are caused by a slip and fall in the United States.
- Around 1,800 elderly adults in American die every year from a slip and fall.
- Around one-fourth of serious injuries related to a slip and fall have taken place in a workplace environment.
- Every 11 seconds an elderly adult is treated at the ER for a slip and fall.
- More employees end up dying in a slip and fall accident than any other cause of accidental death in a workplace environment.
- On average, it costs over $30,000 to treat a slip and fall injury by medical attention.
- Slip and falls are the lead cause of injuries for all ages.
The United States Bureau of Labor Statistics, as well as the National Safety Council, take the time to update statistics every year. The NSFI has reported that individuals that are 60 years old and up are the ones that are most likely to suffer from injuries related to a slip and fall accident in a commercial location that is located outside of their home. Towards the end of the year 2020, over 70 million people in America will be in this age category, which unfortunately means there will be even more injuries related to a slip and fall accident.
The Legal Liability of Slip and Fall Accidents
A slip and fall case falls under the category and law of negligence. Related to the law of negligence is also something that is called “the law of premises liability”. Under the law of premises liability, the owner of the property is able to be held responsible for any injuries that a person sustained on their property. This is why many home owner get insurance for some source of protection.
If an individual has claimed a premises liability injury than they will have to prove their case through “preponderance of the evidence.” What this means is that the victim must be able to show that the defect of the premises had caused their injuries. With criminal cases, they will require a larger burden of proof which falls under the court rule of being “beyond a reasonable doubt.”
The Different Types of Arizona Slip and Fall Accidents
A slip and fall accident can occur just about anywhere at any given time. As with all other personal injury cases, there are specific times and places that these accidents tend to be more common. Below are a few examples of slip and fall scenarios or places where slip and fall accidents are more common:
- Place of work
- The business property of another individual
- Sporting events such as basketball, soccer, and baseball
- Music concerts at an auditorium
- Public venues or places that tend to be overcrowded
- Your own home or property
- The home of a friend or family member
- Retail stores and shopping malls
If you have found yourself in the midst of a slip and fall accident at one of these places, it is important that you contact a professional slip and fall attorney here at Hutzler Law to gain legal representation on your case. Not contacting an attorney could potentially result in you losing your case from a lack of knowledge of the court system. As an advocate for individuals claiming personal injuries due to a slip and fall, we at Hutzler Law care about the outcome of your claim. Before you try and pursue your case alone, contact us today.
What are the common Causes of Slip and Fall Accidents?
With slip and fall accidents, there are many circumstances that can lead to severe injuries. It is always crucial to learn of these circumstances to help you avoid a slip and fall accident from occurring. That is why Hutzler Law wants you to be informed of all potential hazards related to slip and fall accidents. Below are a few examples of some of these hazards:
- Wet floors without a hazard sign
- Stairs or railings that are in need of repair
- Insufficient or lighting that makes visualization difficult
- Walkways that are cluttered with trash and objects
- Warning signs that are not present when necessary
- Electrical cords that have become frayed
If the unsafe conditions are plainly obvious and easy to spot out, the owner of the property potentially may not be completely responsible for the slip and fall accident. If your claim happens to be reasonable and the owner of the property previously knew about the issue that had caused your slip and fall accident and still refused to post warning signs or a barrier, you may potentially have a case. When a slip and fall occurs, it is always important to take a quick look around you to make sure that the owner was, in fact, negligent in posting warning signs.
The types of evidence listed below can help your personal injury attorney determine if the owner of the property acted with negligence which in return, resulted in a slip and fall accident. It is ideal to read through this list thoroughly as it deeply obtains to your case. Below is a brief list of evidence that is crucial to your case:
- Visuals such as photographs or videos that show the poor conditions of the property
- The medical evidence of the injuries you sustained in the slip and fall
- Proof that the owner of the property was aware of the danger
- Incident report
- Testimonies from all witnesses
A professional slip and fall attorney will represent victims that were injured and be able to investigate all circumstances of the accident and use all the collected evidence and laws to help you build a solid case. Without the presence of an attorney, there is always the chance that you might oversee important pieces of information related to your case. Without ample evidence and information, as well as legal representation, you risk losing your case.
What are the Standards of Negligence?
The presence of the victim on the property where the slip and fall happened must be fully explained to help discover which negligence standard relates to the case. For example, an employee that was involved in a slip and fall at their workplace and injured due to hazardous conditions can quite possibly have two legal options. These options are what determines the outcome of your claim.
The legal options are as follows:
- In order for workers to file a compensation claim for benefits, the Arizona law states that injured workers cannot be injured due to their own fault and still receive compensation. If they are in fact injured due to their own negligence, chances are they will not be able to file a lawsuit on their slip and fall injuries. This is a great reason why it is so crucial to keep an eye out for danger signs posted around your place of work.
- To file a personal injury case for a lawsuit the injuries must be related to the owner of the property’s negligence. If the person that was injured just so happened to be on another person’s property when they were involved in a slip and fall, then the very first question that needs to be answered is of the legal status of the person who was injured.
There are multiple types of legal status and they are as follows:
An individual who was invited – whether it was verbally or via email or text message in order to conduct business on the property of another person. With invitees, there is a great amount of protection which includes protection from hazardous conditions while being verbally or visually warned about the danger when the issue has been unable to be repaired in a reasonable period of time. If the owner of the property has failed to inform you of the dangers, you will have a legitimate claim with the courts.
The definition of a licensee is an individual who was invited to the property of another person related to non-business purposes. These purposes include socializing and visitations. Licensees are usually legally protected at the property from hazardous conditions and should always be warned if there is any present danger that cannot be repaired within a short period of time. If the licensee was not warned of the dangers, the owner of the property could potentially be liable for the injuries that occurred on their property.
A trespasser is a person that is on another individual’s property without any verbal or visual consent. What this means is that the trespasser is not given any type of protection from the dangerous conditions on the owner’s property. Not only is this illegal, but it will also result in a poor claim. There are only a few exceptions to this situation.
These exceptions are when the property owner is expecting the trespasser, or the trespasser has been led onto the property. For example, a small child can be very easily led to the property by other children on the premises. When this happens, an attorney is always needed to help gain the needed proof to show that the child or young adult was in fact led onto the property.
Why Do You Need Phoenix Slip and Fall Injury Attorney?
Injuries related to a slip and fall can be very severe and alarming for everyone in the family. Slip and fall cases normally involve in-depth litigation and which means receiving compensation for your injuries without an attorney present can be a rather difficult task. This reason alone makes it very crucial for you and your immediate family to contact a professional slip and fall injury attorney at Hutzler Law before the statute of limitations is up. We care about your injuries and take pride in representing our clients and helping them get the compensation they deserve.
To find out further information on slip and fall accidents and the statute of limitations related to your case, call an attorney today at Hutzler Law by dialing (602) 730-4530 or by filling out an online contact form to schedule consultation for your injuries and case.
Remember, not contacting an attorney and reaching out to us at Hutzler law can greatly decrease your chances of winning your case. Don’t wait! Contact us today!