Tripping, slipping, and falling can often lead to very severe and permanent injuries. However, these types of premises liability claims are often difficult to prove. Although the general belief is that a property owner is automatically responsible for harm occurring on their property, that is not the case. These types of claims involve a variety of complex legal issues. In fact, these claims are among the most difficult of all injury cases to pursue and win.
Bohm & Jones, P.C., Phoenix, Arizona, fall injury accident lawyers, are experienced in representing clients who have been injured in trip or slip and fall accidents. We have successfully recovered damages and compensation for clients from many large national chain stores, convenience stores, from apartment and condominium complexes, from commercial office buildings and from shopping malls.
If you were injured in a trip and fall, slip and fall, or other premises liability accident and suspect that the business or property owner may be liable, contact our office as soon as possible. We offer free consultations and you owe us know fees until we successfully resolve your case.
The Burden of Proof in Premises Liability and Slip and Fall Accidents
Simply being injured while on another person's property does not make that person or property owner liable for your injuries. You must prove negligence, meaning that the owner failed provide or maintain a safe premises, created hazardous conditions on the property, and failed to eliminate hazards. Owner liability and negligence may be based on failure to repair a walkway problem, to keep stairs in good repair, to provide adequate lighting, to clean up a spill in a timely manner or to fail to adequately warn a guest or customer about a dangerous condition. Contact us for help in figuring out your options according to the law if you were injured in a slip and fall accident on another person's property.
Why Is Contacting a Lawyer So Important?
Since premises liability and slip and fall claims involve complicated laws and legal issues, the first and most important step is to contact an experienced premises liability attorney, like the lawyers at Bohm & Jones, P.C. A thorough and quick investigation must be conducted and eyewitnesses must be contacted prior to any alteration or modification of the dangerous area. You should contact a lawyer as soon as is reasonably possible. The lawyers at Bohm & Jones, P.C. are available to help you.
There are deadlines and statutes of limitations that may significantly affect your slip and fall case. You should not wait until the statute of limitations period is running out because your attorney will need enough time to complete his or her investigation. The attorneys at Bohm & Jones, P.C. Are experienced in dealing with complex slip and fall legal issues and helping people get compensation for their injuries.
Slip and Fall Legal Issues Under Arizona Law
Frequently, a property owner in premises liability claims will claim that the injured victim should have seen the hazardous condition that caused the slip and fall. This claim can be weak, considering that retailers often distract customers from watching their steps. Business or property owners use eye-catching advertising and packaging to encourage customers to focus on the products rather than on the floor.
Another important slip and fall legal issue involves the "status" of the visitor or customer on the property. Owner liability will depend on what type of visitor the injured person was when injured: invitee, licensee, or trespasser.
Invitee. If a property owner invites a person to enter the property, he or she may be liable for failure to have "reasonable care" in keeping the premises safe. Examples include supermarket and retail store customers and, in Arizona, guests of an apartment tenant or motel guest.
Licensee. A licensee is not a customer, employee or trespasser; does not have a contract with the property owner; and is allowed by the owner on the property. A social guest at a home is considered a licensee. The property owner is liable for injury to a licensee for "willful or wanton" injury, for hidden dangers, and if the guest is not adequately warned about dangers.
Trespasser. A trespasser enters someone else's property without permission, like a burglar or other unwanted guest. A business or property owner is least liable compared with the other categories of visitors.
A trespasser is clearly defined, but figuring out whether the injured person was an invitee or licensee according to Arizona law can be difficult. Contact the lawyers at Bohm & Jones, P.C. For help with these complex trip or slip and fall legal issues and for help in building a strong slip and fall injury claim.