Why Can Determining Liability After a Slip and Fall Accident Be Difficult?
Determining liability for slip and falls is often challenging because you must identify the responsible party and prove they were negligent. A lack of evidence can make it difficult to pinpoint who is at fault and build a case that proves:
- They had a legal duty of care.
- They failed in that duty.
- Their breach of duty caused your fall.
- The accident led to damages.
For example, a store aisle spill was reported to management. Because the manager was busy, he didn’t clean it up or block off the area. A woman slips on the spill and breaks her hip. In this case, the victim may not know if the manager, property owner, or person who caused the spill is liable.
Additionally, liability will depend on the type of property. A commercial or private property is different from a government building or public space. You must weigh multiple factors when determining faults and establishing premises liability.
When Could Property Owners Be Liable?
Slip and fall accidents typically fall under premises liability law, which legally requires property owners to maintain a safe environment and prevent hazardous conditions for visitors. Failing to do so and causing an accident could result in liability.
Here are examples of when a property owner could be liable for a slip and fall:
- Failure to maintain safe conditions: A commercial property owner or homeowner may be liable for damages if a visitor is injured due to slippery floors, damaged carpeting, or other unsafe conditions.
- Failure to address known hazards: If a property owner knows about a hazard, such as a broken handrail, and does not fix it in a reasonable timeframe, they may be liable for a slip and fall.
- Failure to provide proper lighting or signage: Failing to warn visitors of dangers or having inadequate lighting in darker areas could lead to liability for owners of public or private property.
When Could Property Managers Be Liable?
While a private property owner or business owner holds legal ownership, the property manager is responsible for handling daily operations and maintaining the property on the owner’s behalf. This often includes regular repairs and inspections to prevent dangerous conditions that could lead to an accident.
The property manager could be held liable for a slip and fall in certain situations, including:
- Negligent supervision of maintenance: Property managers who hire unqualified maintenance workers or fail to properly supervise them may be held liable for slip and fall injuries.
- Improper maintenance or repairs: Arizona landlords or property managers who fail to request repairs or allow incomplete or insufficient repairs or maintenance may incur liability.
- Failure to warn of dangers: Managers of public or private properties have a duty to warn visitors of potential hazards. Failing to fulfill this duty of care in slip and fall prevention could mean the property manager is liable for damages.
When Could Contractors Be Liable?
Contractors and third-party vendors, including construction workers, renovators, plumbers, electricians, and handymen, must use reasonable care to ensure their work does not create unsafe conditions. When contractors fail to prevent hazards with substandard work, they may be liable for damages.
Examples of when a contractor could be legally and financially responsible for a slip and fall include:
- Poor construction or maintenance work: If a paid contractor fails to provide the agreed-upon services or delivers subpar work that leads to an accident, they may face liability.
- Failure to follow safety protocols: While performing their duties, contractors must comply with all applicable safety regulations and guidelines. Failing to maintain safe conditions could result in a property visitor suffering a slip and fall accident.
Contractors must provide a reasonably prudent standard of work and level of skill expected of their profession. Failing to fulfill this duty and causing an accident may be considered negligence.
When Could the Government Be Liable for a Slip and Fall?
If a slip and fall occurs in a public building or on public property, a government entity, municipality, or public agency could be liable. Scenarios in which the government may be at fault include:
- Inadequate maintenance of public parks or recreation areas
- Improperly designed or constructed public spaces
- Failure to repair known hazards in public areas
- Insufficient lighting or signage in public spaces
- Failure to maintain public sidewalks or roads
Bringing a lawsuit against the government in Arizona can be challenging because deadlines are shorter, and you must comply with strict procedures for your claim to be valid.
For example, you only have 180 days to file a notice of claim and serve it on the proper government representative. The claim must include the details of the incident and the specific amount requested to settle the claim. It’s crucial to take legal action quickly after the accident to avoid missing the deadline to file a claim.
How the Slip and Fall Accident Attorneys at Runion Personal Injury Lawyers Can Help
Slip and fall victims often suffer serious injuries and are suddenly faced with expensive medical bills, lost time at work, and emotional strain on the whole family. At Runion Personal Injury Lawyers, we have decades of combined experience helping slip and fall victims determine liability and pursue compensation for their damages.
With a 99 percent success rate and more than $50 million recovered in case results, our Phoenix slip and fall accident lawyers have the experience and knowledge to stand up to unfair insurance companies and maximize your compensation. When you work with our team, you can focus on healing, knowing you have trusted advocates fighting for your health and financial security.
Call (602) 600-9000 or contact us online to schedule a free consultation. We can discuss the details of your case, go over your rights, and explore your legal options to claim compensation in Arizona. We offer services in both English and Spanish.
