Phoenix Slip and Fall Attorney | Proving Premises Liability

Types of Injuries from Slip and Fall Accidents

Hip fractures are common and can be severely debilitating, especially for those 65 and older. According to the data, individuals over 65 are 10 to 15 times more susceptible to hip fractures from falls.

Other common slip and fall injuries include:

• Catastrophic injuries like traumatic brain injuries or spinal cord damage
• Other types of fractures such as arm or wrist fractures
• Soft tissue injuries, particularly in the knees
• Internal injuries from violent impact
• Cuts, bruises, and lacerations

Such injuries can have far-reaching implications on your quality of life, such as missing work or even losing the capability to perform work tasks. Among the elderly, nearly 40% of nursing home admissions are due to injuries from falls. The aftermath can also lead to ongoing pain, emotional suffering, and diminished life enjoyment.

Medical Bills and Costs Due to Slip and Fall Injuries

If you’ve been a victim of a slip and fall accident, you may have already started incurring medical bills. It’s crucial to know what types of injuries can result from such an accident, as well as their associated medical costs. The range of injuries can vary from minor scrapes to life-threatening conditions, and so can the expenses. Whether you’re dealing with fractures, sprains, or even head injuries, the financial burden can be significant.

This knowledge is especially valuable in states like Arizona, where the medical costs can fluctuate depending on a variety of factors including the severity of the injury and the medical facility’s billing practices.

Deep Cuts and Lacerations

• Initial Emergency Room Visit: Approximately $500 – $1,200
• Stitches and Wound Dressing: Around $200 – $700
• Follow-Up Appointments: $100 – $200 per visit

Additional costs may arise if antibiotics or a tetanus shot are necessary for treatment.

Muscle Damage Due to Tearing or Puncture

• Surgery to Repair Muscle: $7,000 – $25,000
• Physical Therapy: $50 – $350 per session

The treatment for muscle damage usually involves costly surgeries followed by sessions of physical therapy to regain strength and functionality.

Fractured Bones From the Force of the Fall

• X-rays: $100 – $1,000
• Setting the Bone: $2,000 – $10,000
• Physical Therapy: $50 – $350 per session

Bone fractures are often a result of severe falls and require immediate medical intervention, potentially including surgery to set the bone back in place.

Neck and Spinal Cord Injuries

• Diagnostic Tests: $1,000 – $5,000
• Surgery: $20,000 – $150,000
• Hospital Stay: $1,000 – $3,000 per day

Neck and spinal cord injuries are extremely severe, often necessitating long-term medical care, and can dramatically increase medical expenses over time.

Blood Loss and Potential Infections

• Blood Transfusion: $500 – $1,200 per unit
• Antibiotics: $20 – $200
• Hospital Stay: $1,000 – $3,000 per day

The loss of blood from an injury can be life-threatening and often requires immediate medical attention, including blood transfusions and a possible extended hospital stay.

Proving Premises Liability in a Slip and Fall Injury Case

In a slip and fall case, proving premises liability involves demonstrating that the property owner or manager failed to maintain a safe environment, thereby causing your accident.

To succeed in a slip and fall case, several elements must be proven:

• Injury occurred on the property
• Legal control of the property by the negligent party
• Known or obvious hazard that was not addressed
• The distinction between the hazard and the injury

Evidence can range from photographs and eyewitness accounts to previous complaints against the property owner and even surveillance footage.

Liability in Slip and Fall Accidents on Private Property

When a slip and fall happens on private property, such as a grocery store or a hospital, the property owner or occupier is generally the one held liable. Under Arizona Revised Statute § 12-561, premises liability law states that property owners owe a duty of care to those who enter their premises.

Example Scenarios on Private Property:

1. Grocery Store: If you slip on a wet floor at a grocery store that has no caution sign, the store may be liable for your injuries.
2. Shopping Mall: Tripping over a loose tile in a shopping mall may place the liability on the property owner for failure to maintain safe conditions.
3. Hospital: If you fall due to poorly lit stairs in a hospital, the hospital may be found liable for neglecting to provide adequate lighting.

Liability in Slip and Fall Accidents on Public Property

Accidents occurring on public property, such as sidewalks and parks, make the process of determining liability more complex.

Entities abutting public property may be held liable under specific conditions, as outlined under specific city codes, such as the Phoenix Municipal Code under sections 31-55 through 31-58. However, these cases often have specific guidelines and statutes of limitations that must be strictly followed.

Example Scenarios on Public Property:

1. Public Sidewalk: If you trip over an uneven sidewalk, the local government may be liable if they were aware of the defect and failed to repair it.
2. City Park: Tripping over a tree root in a city park could lead to a claim against the city if they failed to maintain a reasonably safe environment.
3. Public School: If a child slips on ice within a schoolyard, the public school may be held liable if they did not take measures to clear the ice.

Challenges in Proving a Slip and Fall Case

A significant hurdle is establishing that the property owner had sufficient time to become aware of and to fix the hazardous condition. This is especially true for accidents involving liquid hazards.

This is where the aggressiveness of your injury attorney becomes critical. We will argue on your behalf to show whether or not your injury was caused by the negligence of someone else. 

Providing Sufficient Evidence

• Gathering evidence, like surveillance footage or witness statements, can be difficult, especially if the incident occurred in a private area with limited access.
• Some victims may not immediately realize the severity of their injuries and may fail to gather evidence at the time of the incident.

Maintaining records of medical treatment, as well as photos of the accident site, can be invaluable in strengthening your case.

Meeting Legal Deadlines

• Different jurisdictions, including Arizona, have specific time limits, known as statutes of limitations, for filing personal injury claims.
• Missing these deadlines can result in your case being dismissed entirely, regardless of its merits.

Understanding these deadlines and preparing your case well in advance can help you avoid this pitfall.

Dealing with Insurance Companies

• Insurance companies often employ tactics to minimize or deny claims.
• Providing an official statement without consulting an attorney can negatively impact your case.

Insurance companies are businesses looking to protect their bottom line, and they often have extensive resources to challenge claims. However, we are well-versed in their tactics and will constantly challenge each one in your favor.

Examples of Injuries & How a Phoenix Slip and Fall Lawyer Can Help

While every case is unique, and there are many deciding factors, we have created five example scenarios of people injured in a slip and fall, causing serious injury due to negligence, dangerous conditions, or unsafe conditions.

Again, these are not real people or real cases and are meant to just give an idea.

1. Grocery Store Mishap – Sarah slipped on a wet floor at a local grocery store and broke her wrist. She faced medical bills totaling around $8,000, including X-rays, a cast, and physical therapy. Struggling to keep up with payments, she consulted a personal injury lawyer who specialized in slip and fall cases. The lawyer successfully proved the store’s negligence because there wasn’t any signage indicating a wet floor, and Sarah was awarded a $20,000 settlement, which helped her cover her medical expenses and lost wages.
2. City Sidewalk Pitfall – Tom tripped on a broken public sidewalk that had been in disrepair for months and had no signage, resulting in severe back injuries. His medical treatment costs, including spinal surgery and physical therapy, skyrocketed to $120,000. Tom hired a personal injury lawyer who argued the city’s failure to maintain a safe walking environment. After a challenging court battle, Tom was granted a $200,000 settlement to cover his medical bills, pain, and suffering.
3. Elderly Fall in Retirement Home – Barbara, an 80-year-old resident of a retirement home, fell due to poorly lit stairs, suffering from a hip fracture. Her medical bills reached $50,000, including the costs of surgery and rehabilitation. Her family enlisted the help of a personal injury lawyer, who successfully argued that the facility was at fault for not providing adequate lighting. Barbara received a $100,000 settlement to cover her medical bills and additional care needs.
4. Restaurant Slip – Kevin slipped on a greasy floor at a fast-food restaurant, tearing a ligament in his knee. His medical expenses, including surgery and rehabilitation, came to $35,000. A personal injury lawyer helped Kevin prove the restaurant’s negligence in floor maintenance. Kevin received a $60,000 settlement, which helped him cover his medical bills and compensate for his time off work.
5. Workplace Fall – Emily, a warehouse worker, fell from an unstable ladder due to oil on the ground from days before, causing her to break both legs. Her bills for surgery, physical therapy, and assistive devices totaled $90,000. She reached out to a personal injury lawyer experienced in workplace accidents, who helped her file a claim against her employer. Emily was awarded a $150,000 settlement, which enabled her to cover her medical costs and loss of income.

Each of these scenarios showcases how a personal injury lawyer can make a significant difference in securing fair compensation for victims of slip and fall accidents.

Top 10 FAQs Caused by Slip and Fall Claims

When it comes to slip and fall injuries, there are some questions that are frequently asked, but also a set of questions that may not be as common yet are equally important to ask.

Q: Do I have a case if I fall on ice or snow?
A: Slip and fall cases related to ice or snow can be more complicated than those on dry surfaces. Laws can differ by jurisdiction, but generally, a property owner may have a duty to keep the premises safe from known hazards, including icy or snowy conditions.

Q: What if I was partially at fault for my fall?
A: Even if you share some responsibility for your fall, you may still be able to recover damages through comparative negligence, depending on the jurisdiction.

Q: Is it true that I have to prove the owner knew of the hazard?
A: In many cases, you must prove that the owner knew or should have known about the hazardous condition that led to your fall. However, there are exceptions, such as in cases involving a violation of a building code or statute.

Q: Are verbal warnings from the property owner enough to absolve them from liability?
A: Merely providing a verbal warning about a dangerous condition may not be sufficient to relieve a property owner of liability, especially if the hazard is not adequately marked or cordoned off.

Q: Can I file a claim against a government entity for a slip and fall on public property?
A: Yes, but there are special rules and shorter deadlines for filing a claim against a government entity. Consulting an experienced personal injury attorney is highly advised in such cases.

Q: Do I still have a case if there were no witnesses to my fall?
A: While having a witness can bolster your case, it’s still possible to build a strong claim through evidence such as photos, medical records, and your own testimony.

Q: What if the property owner made changes to the hazardous condition after my fall?
A: Such post-accident repairs or modifications can generally not be used as evidence to prove negligence in a slip and fall case, although they may be relevant in certain circumstances.

Q: Can weather conditions affect the strength of my case?
A: Yes, weather conditions at the time of the accident can play a role in determining whether the property owner acted reasonably to prevent the fall.

Q: How are pain and suffering calculated in slip and fall cases?
A: Pain and suffering are generally calculated based on the severity of your injuries, the level of pain you experience, and how the injuries affect your daily life. Methods for calculating these damages can vary.

Q: Can I claim psychological trauma after a slip and fall?
A: While less common, claims for psychological trauma like anxiety or depression resulting from the accident can be considered, but are usually more difficult to quantify and prove.

Remember, slip and fall accidents can be not only physically damaging but also emotionally and financially burdensome. Secure the compensation you deserve with experienced guidance from CHM Injury Law.

Schedule a Free Case Review Consultation with a Phoenix Slip and Fall Accident Attorney

In the aftermath of a slip and fall incident, contacting a Phoenix slip and fall accident lawyer can make a significant difference in your pursuit of justice and compensation. Slip and fall accidents can happen in the blink of an eye but have long-lasting repercussions. An experienced slip and fall attorney from CHM Injury Law will not only guide you through the complexities of Phoenix premises liability but also help establish if the property owner was negligent, which is crucial to building a strong case.

Having an injury attorney by your side becomes invaluable as you gather evidence, negotiate with insurance companies, and potentially go to trial.

In essence, a free case review consultation is a risk-free step in ensuring that your rights are protected. Slip and fall accidents occur more often than you’d think, and the injury may range from minor to severe, sometimes requiring extensive medical treatment and rehabilitation. By choosing to consult with qualified Phoenix premises liability attorneys, you are taking an essential step towards getting the compensation you deserve and moving forward in your recovery.

PEORIA AZ

Peoria, located in the state of Arizona, is a significant suburb of Phoenix and one of the state’s most populous cities. According to the 2020 U.S. Census Bureau data, Peoria’s population is estimated to be around 190,985. The demographic breakdown in 2019 was reported as 78.7% White, 20.6% Hispanic, 4.6% African American, and 3.5% Asian.

In terms of its civil court system, Peoria is part of both Maricopa and Yavapai Counties. Depending on the amount of damages, personal injury cases could be handled by the Peoria Municipal Court, a Justice Court in either county, or the Superior Court of the county with jurisdiction. Cases in which the dispute exceeds $10,000 typically go to a county Superior Court, while disputes involving smaller amounts are usually handled by one of the various Justice Courts. The municipal court, justice courts, and superior courts follow the Arizona Rules of Civil Procedure, and Peoria’s courts also implement local court rules.

While specific statistics for car accident injury cases and claims in Peoria are not publicly available, Arizona state data provides some insight. The Arizona Department of Transportation reported a total of 129,750 crashes throughout the state in 2019, with 53,809 involving injuries. Given Peoria’s population, it can be assumed a proportion of these incidents occurred within the city, potentially leading to personal injury claims.

The city of Peoria makes an active effort to promote safe driving and reduce car accidents. Individuals affected by a vehicle accident can seek professional advice from personal injury lawyers familiar with the local court system to help navigate the process of filing a claim.

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GOODYEAR AZ

Goodyear is a city in Maricopa County, Arizona, that’s been recognized for its rapid population growth and development. The U.S. Census Bureau put its estimated population at around 95,294 in 2020. According to a 2019 estimate, the city’s demographic makeup is diverse: about 63.7% White, 20.6% Hispanic, 9.5% African American, and 2.6% Asian.

Goodyear’s civil court system includes the Goodyear Municipal Court and courts within Maricopa County. The County’s Superior Court hears personal injury cases where the amount in dispute is more than $10,000. Meanwhile, cases with smaller contested amounts might be addressed by Goodyear’s Municipal Court or a Justice Court in Maricopa County. These courts operate under Arizona’s rules of civil procedure.

Though specific statistics related to car accident injury cases and claims in Goodyear are not readily available publicly, the general picture for the broader region can be extrapolated from statewide data. In 2019, the Arizona Department of Transportation reported approximately 129,750 total crashes around the state, with approximately 53,809 of these involving injuries. Assuming these figures are evenly distributed, it’s safe to infer that a significant segment of these incidents may have occurred in Goodyear.

To improve road safety and reduce car accidents, Goodyear encourages safe driving practices. Individuals encountering car accidents are advised to engage the services of personal injury attorneys who are versed in the local legal landscape to help navigate the claim process.

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GILBERT AZ

Gilbert, located in Maricopa County in Arizona, is known for its strong community-oriented environment. According to the U.S. Census Bureau, the estimated population in 2020 was about 267,918. Regarding demographics, Gilbert is mainly comprised of 75.5% White, 14.9% Hispanic, 4.8% Asian, and 3.7% African American, based on 2019 estimates.

The civil court system in Gilbert follows the judicial structure of Maricopa County, with the Maricopa County Superior Court hearing civil cases like personal injury when the amount disputed exceeds $10,000. For disputes valued at less than that, the cases are managed by the Gilbert Municipal Court or one of the Justice Courts in Maricopa County. All courts operate under the Arizona Rules of Civil Procedure, ensuring each case is fairly trialed.

While specific statistics on car accident injury cases and associated claims in Gilbert aren’t publicly available, data from the Arizona Department of Transportation highlight the broader situation. In 2019, there were approximately 129,750 total crashes statewide, with around 53,809 causing injuries. Given Gilbert’s large population, it’s reasonable to infer a proportionate number of collisions occurred there, potentially leading to personal injury claims.

The city of Gilbert encourages all residents to observe safe driving practices to help reduce the number of accidents. Additionally, if accidents occur, individuals are encouraged to consult with personal injury attorneys who can offer guidance on legal proceedings within Gilbert’s court system.

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