Property Injuries
Additional Information
Compensation for Injuries After a Slip and Fall on a Property
If you have been injured in a trip and fall accident on another person's or business's property, you may be entitled to pursue a personal injury claim. There are a number of variables you would need to consider, which include:
Whether reasonable precautions were taken by the property owner.
Whether you were on the property for business, social reasons, or illegally trespassing.
Whether your own lack of care contributed to the accident.
Whether the dangerous conditions that caused you to fall would have also caused a sober, alert person with average intelligence to fall as well.
Whether your injuries are serious enough to merit a claim.
Hazards on Properties
Properties do not stay the same. They change due to weather conditions, development, signage, and a variety of other factors. The safety of a property could change because of a storm or construction taking place on it. An area that is deemed hazardous should be cordoned off, covered, or labeled as such. Depending on what the property owner does to warn or otherwise respond to hazards on his or her property determines whether he or she may be liable.
Children and the Elderly are Susceptible to Falls
While children and senior citizens tend to slip and fall more often than others, the law generally does not make a distinction about who would be able to claim compensation in any particular case. Even if a person has a condition that causes him or her to be more likely to trip on something, this does not mean that that person's case would be less legally valid. Issues such as these must be evaluated, however, as the jury will weigh these factors in their decision if a settlement is not arrived at prior to the case coming to trial. It is for this reason that it is important to seek the advice of an experienced injury attorney before proceeding.
There are special situations in which a person's age, mental capacity, or physical ability may play a role in determining negligence. For instance, if a child were to sneak onto a neighbor's property on which there is a swimming pool that is not gated to keep young children from using it without supervision, then the pool might be considered what is known as an "attractive nuisance." There may then be a case if the child slips and falls, injuring himself or herself. If an adult with normal intelligence were to trespass in this same manner and trip and fall after slipping around the pool, however, it is much less likely that the jury would accept the pool as being an "attractive nuisance" for the injured party.
Contact the Premises Liability Lawyers at The Husband & Wife Law Team
In order to evaluate your options after a slip and fall injury, we invite you to call and schedule a free consultation with a premises liability lawyer at The Husband & Wife Law Team. We are owned and operated by a top notch team, Alexis and Mark Breyer, who have won widespread approval as a Phoenix personal injury law firm. The firm has not just received praise from our clients, but also from judges and other attorneys in the area.