Have You Been Injured in a Slip-and-Fall Accident?

If you are injured on private property due to the negligence of an Arizona property owner – for example, if you slip, fall, and you’re injured from a dangerous condition that you had no knowledge of – schedule a consultation to discuss your rights with a Phoenix premises liability lawyer.

In every state, property owners are required to keep their properties reasonably safe to reduce risks to those who enter or visit a property. Restaurants, hotels, retailers and businesses may be liable if someone is injured on their premises because the owner or owners were negligent.

What happens, however, if you slip, fall, and you’re injured on a public sidewalk? What if you’re injured this way at a public park or a public library? What is your recourse if you’re injured on public property due to the negligence of government employees or a governmental agency?

If You File an Injury Claim Against the State, What’s Your First Step?

In Arizona, if you are injured in a slip-and-fall incident due to a hazardous condition on a state, county, or city property, the governmental agency that manages and cares for that property may be deemed liable for your injury. However, in order to exercise your rights, you will need to act quickly.

In Arizona, if you are injured due to the negligence of a private individual or a privately-owned business, you have two years to file a lawsuit or your claim is lost.

However, in order to bring an injury claim against a governmental agency, a public school, or a state or local government employee in Arizona, you must notify in writing – within 180 days of the accident that caused the injury or injuries – that agency or school of your intention to sue.

What Must Be Included in Your Notification?

In Arizona, what is called a notice of claim, must be served on the governmental agency within 180 days of injury. The notice of claim must include:

  1. sufficient facts and details about the incident and your injury so that the basis of your premises liability claim is understood
  2. the dollar amount figure that you are willing to accept as compensation to settle your claim
  3. copies of your medical receipts, bills, and other evidence that supports the dollar amount figure that you are willing to accept

The 180-day deadline for notifying the government agency means that you must contact a Phoenix slip-and-fall attorney right after you have been seen and treated by a medical professional for your injury or injuries.

What is the Arizona Tort Claims Act ARS Section 12-820?

The standard of care required for the government is the same standard of care required of private property and business owners.

For example, if you are injured at an Arizona courthouse on a broken step that the government failed to repair, or if you are injured tripping on a curled-up carpet at a public library, a Phoenix premises liability lawyer may be able to hold the government liable for your injury or injuries.

What Else Does the Arizona Tort Claims Act Require?

If you do not notify the government agency within 180 days of the injury by serving a notice of claim,, in most cases, you will not be allowed to move forward with a premises liability lawsuit. There are exceptions in the law for minors and for individuals who are deemed incompetent by the court.

The government agency then has sixty days to respond to your written claim. If no written response is made within that sixty-day period, your claim has been denied, and your Phoenix slip-and-fall attorney may proceed and file your premises liability lawsuit with the court.

While you have two years to take action if you were injured by the negligence of a private individual or a private business, your lawsuit must be filed with the court within one year of the date of the injury when you sue the government. However, you must first serve the notice of claim within 180 days. If the government denies your claim, you may then file a lawsuit against the government. The lawsuit must be filed within 1 year of the date of the premises liability incident or the claim is lost.

How Are These Cases Resolved?

If your claim is not denied, your attorney will negotiate privately with the government agency to recover appropriate compensation. If your claim is denied, your premises liability attorney may still negotiate with the agency while your lawsuit is pending.

However, if the agency denies any liability, your case may to trial. Should a trial take place, your lawyer will explain to jurors how you were injured (and how extensively), how the governmental agency breached its duty of care, and why you should receive the compensation amount you are entitled to under Arizona law.

What More Should You Know About Slip-and-Fall Injuries?

Seek medical attention at once if you’re injured in a slip-and-fall accident. Premises liability claims based on slip-and-fall incidents frequently involve traumatic brain injuries, back, neck, and head injuries, contusions, broken bones, and severe spinal cord injuries.

Slip-and-fall-related injuries that are catastrophic or permanently disabling may require expensive, lifelong medical care and treatment. In these cases, you will need an experienced attorney.

Premises liability attorneys in Arizona represent their injured clients on a contingent fee basis. You will pay no costs upfront and no attorney’s fee unless and until your attorney recovers a negotiated settlement or trial verdict.

Moore Injury Law Fights for Those Injured by Government Negligence

The slip-and-fall attorneys at Moore Injury Law have decades of fighting for those who have been injured by government negligence. We have succeeded – in private negotiations and at trial – on behalf of the victims of negligence in Phoenix and throughout Arizona.

The Moore Injury Law legal team will evaluate your slip-and-fall claim with no cost or obligation. If you move forward with a lawsuit, you will owe no lawyer’s fee unless we win and recover the compensation you deserve.

If you’ve been injured by the negligence of a government agency or employee, or if you simply need to learn more about your rights as a victim of negligence, contact Moore Injury Law at once by calling 602-780-1616, and schedule a free case evaluation.