If you have been in a slip-and-fall accident, you may be wondering whether you have a valid legal claim to file a case. According to the law in Arizona, if you are injured on someone else’s property, you may be entitled to compensation through their insurance or by filing a personal injury lawsuit. However, proving your injuries and winning a case is not that easy.
It is recommended to hire an Arizona lawyer specializing in slip and fall cases to increase your chances of winning. If you have suffered severe injuries, you could be stressed about the medical bills piling up and the wages you lose from not going to work. An attorney can help recover these damages by gathering evidence and building a strong case.
What are the elements in a slip-and-fall case?
In order to win a slip-and-fall claim, you must prove the following elements:
- The defendant had a duty to provide you with a safe environment.
- The defendant failed to provide you with a safe environment.
- The defendant’s negligence resulted in your injuries.
- The injuries have resulted in various other damages. This is usually demonstrated through documentation.
What if you were not invited to the property?
In order to have a valid slip and fall claim, the law requires that the property owner expects your presence on their property. For example, a property owner owes you care if they invited you over for a business meeting. Or, a grocery store owner has the duty to keep their premises safe because they would expect customers during the open hours.
Someone who gets injured on someone else’s property while trespassing may not have a valid slip and fall claim. The reason you were present on the property in the first place is a major factor in determining whether the claim is valid. Still, injured parties have stronger cases.
Gathering proof of the hazard
No slip-and-fall claim has ever been won without solid evidence. You must show that the hazard existed and that the owner failed to remove it. You must act quickly on gathering evidence because property owners are quick to repair the hazards after an accident to avoid legal consequences.
An attorney can help you gather photographs, CCTV footage, and witness statements before the property owner gets the chance to get rid of the evidence.
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