Wet floor sign on deck of cruise ship

Slip and fall accidents are among the most common types of personal injury claims in Arizona. These incidents can happen anywhere, including private homes, office buildings, grocery stores, parking lots, or public sidewalks. With slip and fall incidents often resulting in serious injuries, Arizona law entitles victims to compensation.

Under Arizona premises liability laws, a property owner who fails to maintain safe conditions may be liable for these incidents on their property. Understanding the common causes of slip and fall accidents and the legal standards required to prove negligence is essential for anyone pursuing a claim.

Common Causes of Slip and Fall Accidents

  1. Wet or Slippery Floors

Wet floors are one of the leading causes of slip and fall injuries in Arizona. Spilled drinks, recently mopped surfaces, plumbing leaks, and rainwater tracked inside can create dangerous conditions. Property owners and businesses have a duty to promptly clean spills or place clear warning signs. If an employee ignores a spill or fails to report a leak, the property owner may be responsible for resulting injuries.

  1. Uneven or Damaged Walkways

Sidewalks with cracks, loose tiles, broken concrete, or uneven flooring transitions pose a serious risk. These conditions often develop over time, meaning property owners should be aware of them and take corrective action. Often, victims must show that the hazardous condition was visible, ongoing, and not repaired within a reasonable timeframe.

  1. Inadequate Lighting

Poor lighting can make it difficult for visitors to see potential hazards. Dim stairwells, dark hallways, and poorly lit parking lots are frequent danger zones. Property owners must ensure that lighting is sufficient to allow safe travel and must replace bulbs or repair electrical issues on time.

  1. Cluttered Walkways and Obstructions

When things like boxes, cords, equipment, merchandise, or debris obstruct walkways, they significantly increase the risk of falls. Businesses, in particular, must keep aisles clear and ensure that employees do not leave items in areas where customers could trip. Clutter-related accidents often arise in busy environments like retail stores or warehouses.

  1. Unsafe Stairs and Handrails

Stairs must comply with safety codes, including consistent step height, slip-resistant surfaces, and properly installed handrails. Missing or loose handrails, worn stair treads, or broken steps are common causes of serious fall injuries. Evidence of code violations can strongly support a negligence claim.

  1. Weather-Related Hazards

Arizona is known for dry weather. However, rain, mud, and occasional snow or ice can create slippery conditions. Property owners must take reasonable steps to address weather-related hazards, such as placing mats at entrances, drying wet floors, or cleaning pathways when necessary. Failure to act can make them liable for resulting injuries.

Legal Standards for Proving Negligence in Slip and Fall Cases

  1. Property Owner’s Duty of Care in Arizona

Arizona premises liability law requires property owners to take reasonable measures to keep their property safe. The level of responsibility depends on the visitor’s legal status, including whether they are invitees, licensees, or trespassers. Property owners owe invitees, such as customers and clients, the highest duty of care.

Licensees, like social guests, are owed reasonable warnings about dangerous conditions. However, there is minimal duty towards trespassers, except in limited cases involving children. Establishing that the property owner owed a duty of care is the first step in proving negligence.

  1. Proving Notice of the Hazard

To hold a property owner responsible, the injured person must show that the owner or the employees knew about the hazard (actual notice). They must also show that the hazard existed long enough that the owner should have known through proper inspections (constructive notice).

For example, a grocery store may be liable if a spill remained on the floor for 30 minutes without cleanup.

  1. Establishing Causation

Causation requires proving that the unsafe condition directly caused the fall and resulting injuries. This often involves demonstrating that the hazard existed when the accident occurred, and the victim’s injuries were a direct result of the fall. Medical records and photographic evidence often play a crucial role when establishing causation.

  1. Foreseeability and Reasonableness

Courts also consider whether the dangerous condition was foreseeable and whether a reasonable property owner would have taken steps to prevent an accident. If the hazard was obvious, ongoing, or recurring, the owner may be considered negligent for failing to correct it.

  1. Comparative Negligence in Arizona

Arizona follows a pure comparative negligence rule. This means, as an injured person, you can still recover compensation even if you were partially at fault. However, your compensation will be reduced by your percentage of fault. For example, if you are found 20 percent responsible for not paying attention, your award may be reduced by 20 percent.

Evidence Needed to Prove Negligence

  • Photographs and Video Footage – Taking photos or videos immediately after the fall is one of the most effective ways to show the hazard that caused the accident. Many businesses also have surveillance cameras that may capture the incident.
  • Incident Reports and Witness Statements – Most businesses require employees to complete an incident report after an accident. Witnesses, customers, employees, or bystanders can testify about the condition of the property and what they saw.
  • Medical Records – Medical documentation establishes the severity of injuries and links them to the accident. Prompt treatment also shows that the victim took the incident seriously.
  • Maintenance Logs and Inspection Records – Inspection schedules, cleaning logs, or repair records can help show whether the property owner consistently maintained the premises. A lack of documentation often works in the victim’s favor.
  • Surveillance Footage – Video evidence can show how long a hazard existed, whether employees noticed it, and how the fall occurred. Attorneys often request this footage early before it’s overwritten.

What to Do After a Slip and Fall Accident

  1. Report the incident. Victims should report the accident to the property owner or business manager and request a written incident report. This creates a record of the event.
  2. Seek medical attention. Immediate medical care protects health and documents injuries for the case.
  3. Preserve evidence – This includes saving the clothing and shoes worn during the fall, taking photos, and writing notes about what happened.
  4. Consult an Arizona slip and fall attorney – An attorney helps protect the victim’s rights, gather evidence, and navigate Arizona’s premises liability laws.

How an Attorney Helps Strengthen a Slip and Fall Claim

Slip and fall cases can be complex, especially when property owners dispute liability. An attorney can help investigate the property and document dangerous conditions. They can also interview witnesses and obtain surveillance footage.

The attorney can also request maintenance logs and inspection records, negotiate with insurance companies, and file a lawsuit if necessary. Legal representation increases the likelihood of recovering fair compensation.

Contact a Tucson Slip and Fall Accident Attorney

Slip and fall accidents can result in severe injuries and significant financial burdens. Understanding the common cause and the legal requirements for proving negligence is essential for protecting your rights. If you are in Tucson, AZ, and have sustained injuries due to unsafe property conditions, contact Mr. Barry Bellovin of The Bellovin Law Firm. He is a skilled slip and fall accident lawyer and will help you build a strong claim and pursue the compensation you deserve. Contact him for a free consultation and to learn about his personal injury law services.

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