We’ve all been there: slipping on a wet floor or tripping over an object we didn’t see coming. It happens in a flash, but the aftermath can be long-lasting, especially if you get injured. So, can you sue after a slip and fall and call the best Phoenix accident attorney for help? The short answer is: yes, but it’s not always a walk in the park. Let me show you why and what you need to do.
The Basics of Slip and Fall Claims
Slip and fall accidents are part of the broader category of premises liability cases. This means the property owner may be responsible for your injury if the accident was caused by their negligence. But before you start picturing a lawsuit with a big payout, there’s a bit more to it. First, you need to verify that the property owner knows, or should have been at least aware, of the hazard that caused your fall.
Comparative Fault and How It Affects Your Case
Now, here’s where things can get a bit tricky. In many slip and fall cases, comparative fault comes into play. This means that, even if you were partially responsible for your fall, you may still be able to sue. For instance, if you were distracted by your phone and didn’t see the wet floor, the property owner might argue that you’re partly at fault. In these cases, the court will look at the percentage of fault each party shares. In states that follow comparative fault rules, you can still win your case, but your compensation might be reduced by your share of the blame. For example, if you’re found to be 20% at fault for the accident, your damages award might be reduced by that amount. So, if your injuries are worth $10,000, you might only receive $8,000.
When to Contact a Lawyer After a Slip and Fall
If you’re considering filing a lawsuit, it’s important to act quickly. Most states, including Arizona, have a statute of limitations for personal injury cases, which means there’s a deadline for filing your claim. If you wait too long, you may lose your right to sue altogether. A lawyer can help you understand the timeline and gather all the necessary evidence before the clock runs out. Besides timing, a lawyer will help you understand if your case is strong enough to pursue. Some slip and fall cases are complex, especially when insurance companies get involved, trying to downplay the severity of your injuries. A Phoenix accident attorney can deal with these challenges, ensuring that your rights are protected every step of the way.
Proving Negligence: What You Need to Show
To win a slip and fall case, you need to prove that the property owner was negligent. This means showing that the owner knew about the hazard (or should have known) and failed to fix it or warn you about it. Negligence could also mean showing that the hazard was created by the owner or their employees. A simple example is if an employee spills water on the floor and doesn’t clean it up or put up a warning sign. In more complicated cases, like if the fall occurred because of something like improper lighting or uneven flooring, you’ll need to prove that these factors contributed to the fall. A Phoenix accident attorney can help with all the details that go into proving negligence, ensuring that you get the compensation you deserve.
