Slip & Fall Accident Attorneys in Mesa
Slip and fall or trip and fall accident cases can be difficult to win. You may be surprised to hear slip and fall attorneys state this - but it's a fact. And we believe in being honest and upfront with our clients from the get go. There are many times when a property owner acts in a negligent manner that results in someone else getting hurt. However, there are also many challenges inherent in these kinds of cases that must be addressed. That's why finding a Mesa attorney who is experienced with slip and fall and trip and fall cases is so important.
In slip and fall cases, the first issue that must be addressed is determining who is responsible for the fall. A lot of people automatically believe that just because they fell and were injured on someone else's property, that they have a valid personal injury claim and that the property owner must pay for their medical bills. This isn't always the case, though. Arizona premises liability law doesn't make the property owner the insurer against anything happening on the property. That said, the property owner is responsible for any negligent actions that result in the slip and fall or trip and fall accident. But it must be proven that the owner of the property is indeed responsible in such cases. It's simply not enough to show that you tripped or slipped and were injured on the owner's property.
Another issue that must be addressed in many of these cases is whether more than one person is responsible for the accident. For example, you may have injured yourself because of a dangerous condition on someone else's property, such as a large pothole in a parking lot. The owner of the property knew about this condition and should have known that it was unreasonably dangerous and could lead to serious injury. However, in spite of all this information and the fact that the condition was potentially dangerous, the property owner and his or her insurance company will argue that you should have looked where you were going and you're therefore partly to blame. This is called comparative fault.
Comparative fault is the fault or negligence attributed to the injured person. If someone was injured in a trip and fall or slip and fall accident due to their own carelessness, recklessness, or negligence, then some fault may lie with them. For example, the injured person might have been intoxicated or taking medicines that impacted their ability to take reasonable precautions; they might have ignored warning signs; or they might have been distracted.
Since Arizona is a comparative fault state, everyone is responsible for their share of the injury. As a result of this law, in many of these slip and fall and trip and fall cases, you'll see a property owner who was clearly at fault and created a dangerous condition or simply allowed it to exist still argue that you should have paid more attention and if you had, the injury would have been avoided.
So the question in these comparative fault cases becomes, if the owner of the property knew about the dangerous condition and is responsible for the majority of the accident, but feels that you, the injured person, are also partly to blame, how does this work in terms of compensation?
Everyone who is deemed responsible for the accident is also responsible for their exact percentage of fault. So, for example, if the property owner is found 80% at fault and the injured person is found 20% at fault, then the injured person only receives 80% of the compensation they would have received had they had no fault at all in the accident.
Sound confusing? It definitely gets complicated, which is why hiring the best Mesa slip and fall lawyer is key to these kinds of cases. In almost every premises liability, you can expect the negligent property owner to try and blame you for your part of the accident. They will argue that you should have looked where you were going and because you didn't, you are partially responsible for your own injuries. But an experienced Mesa premises liability attorney knows how to keep the blame where it belongs - on the negligent property owner. Even if it's just to reduce the amount that the injured person is deemed responsible from 20% to 10% can make a huge difference in the amount of compensation received.
One of the surprising things in many of these slip and fall and trip and fall cases is the degree to which individuals are injured. Most people don't expect someone to be seriously injured by a simple fall. However, the opposite is true. In many of the cases that we see, our clients are seriously injured because they weren't prepared for the fall or they fell in an awkward way, causing a severe injury. There have even been certain cases where the injured person is killed because of an especially dangerous fall.
As responsible citizens, we should all work to avoid causing injury to other people. Property owners have the same duty to others. If they act in a negligent manner by allowing a condition that is dangerous to exist, or they create the condition and don't fix it, knowing it could cause injury to an innocent person, then they must be held accountable. Doing so usually means hiring an experienced slip and fall attorney who knows they law and can help protect your rights, ensuring you receive fair compensation for your injuries.
If you are considering filing a Mesa personal injury claim for the injuries you sustained on someone else's property, the attorneys here at The Husband & Wife Law Team are available to help. While not every injury needs to result in a personal injury lawsuit, we are happy to provide you with the information and answers you require to make the best decision for you and your family. Call today at (480) 944-9753.
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During a free consultation, we will look at the important aspects of your case, answer your questions, and explain your legal rights and options clearly. All submissions are confidentially reviewed by Mark Breyer.
Confidentially reviewed by Attorney Mark Breyer