By admin on April 2, 2010 -
Claims made as the result of an injury suffered due to a trip and fall or slip and fall come under “premise liability claims.” Often people believe that they are automatically entitled to file an injury claim under Arizona personal injury liability law. This is not always the case.
Just because someone has been injured on someone else’s property does not necessarily make the owner or the owner’s insurance company responsible. There are a number of factors that must be proven by the injured party first. One thing that a slip and fall or trip and fall victim must prove is that an “unreasonably dangerous condition” existed that the owner knew about. Yet there is no easy way to determine whether an unreasonably dangerous condition is present in most cases. usually it takes a jury, judge, or other arbitrator to decide this. It is important to note that there is not a claim just because a person falls and injuries himself or herself.
This is why it is best to hire an experienced personal injury attorney to pursue most Phoenix slip and fall and trip and fall claims. Such claims are often difficult to win and require the skill and guidance of a knowledgeable slip and fall injury lawyer. Someone injured a result of a fall on someone else’s property has the right to know the truth about their potential personal injury claim so that they know how likely their claim is to be successfully litigated. An attorney with experience in handling slip and fall and trip and fall cases can usually judge whether or not “an unreasonably dangerous condition” existed that caused the fall under Arizona personal injury law.
Should you or someone you know someone who has been injured in a “trip and fall” or “slip and fall” on someone else’s premises in Arizona should look for an attorney with ample experience that will provide real information and straightforward answers about their situation, we will welcome your calls.
By admin on March 25, 2010 -
As a certified specialist in injury and wrongful death litigation who has helped many people after they have suffered injuries due to a slip and fall at an Arizona grocery store, we certainly see a trend. We understand that, to an unexpected degree, far too many accidents and slip and fall injuries occur at grocery stores and supermarkets. Many people are injured due to a slip and fall at Fry’s Grocery Stores, Albertson’s, Basha’s, and Safeway. Thus, it raises the obvious question, why are so many people being injured at these supermarkets?
The reality is that it may simply be the nature of the design and use of a grocery store. The floors are all made in a way to allow grocery carts to be pushed easily. The store is specifically designed in a way to draw your attention not towards the floor, but towards the products on the shelves so that you will buy the groceries that you are there for and – in many cases – some other things that may look good that you were not planning to buy. There is nothing wrong with this. There is no conspiracy by the grocers of the Arizona to allow people to be hurt. However, the combination of the flooring, the way the products are shelved, along with the fact that liquids and other things may be spilled as they are carried throughout the store all conspire to create a greater risk of harm to the Arizona grocery store customer.
However, not every slip and fall at a grocery store brings about a legal claim. In fact, in many cases, Arizona law does not support an injury claim simply because somebody was hurt at a grocery store. Most often, the question is not whether or not a slip and fall at a grocery store due to milk, water, or other liquid on the floor was dangerous – most people would agree that a slippery floor that is unexpected is dangerous – but whether or not anybody in the supermarket knew or should have known about that condition. In other words, if another customer spilled water ten seconds before the next customer falls, it would be hard for anyone to blame the grocery store for not being aware of that spill or cleaning it up in that time. However, in other cases, the grocery store is well aware of the slip hazard and simply does not get around to cleaning it up. Determining how long the cause of the fall was present prior to it occurring can be a key element to any slip and fall case at Arizona’s grocery stores.
Making these determinations is not easy. Hiring an experienced Phoenix premise liability slip and fall lawyer with experience handling serious injury claims is usually a good first step. At a minimum, contacting such a lawyer to provide details of your claim and seeing whether or not you have a case can be an important step in the right direction. If you have any such questions, we encourage you to give us a call. We will be happy to answer your questions and provide you guidance.
By admin on March 17, 2010 -
Many retail establishments throughout the State of Arizona utilize private security in their stores. In fact, many times the “private security” can actually be off-duty police officers who are helping with the security function. However, there are times where these security offices get carried away and unnecessarily and unreasonably cause injury to customers or patrons of the establishment. Where this is caused as a result of negligence, carelessness, or even intention wrongdoing by the security guard, there are laws that are made in Arizona for the protection of the victim.
However, because of the very nature of these claims, it takes a skilled and experienced personal injury lawyer in Phoenix, in many cases, to be able to prevail against the security guard and the security company. Moreover, in many occasions the store that employed the security guard and the security company may also have an obligation to pay for the injuries that were caused by the negligent security guard.
Analyzing claims as a result of security guard or security negligence can be very difficult. It is very important to find an experienced personal injury lawyer to help analyze these cases and provide you answers so that you can decide whether or not you have a reasonable likelihood of success in moving forward. You have a right to know not only the strengths of a potential case you may bring, but any potential weaknesses that exist. You have the right to someone who will be a “straight shooter” with you and let you know all the different facets of these types of claims.
If you have any questions as a result of injury suffered due to what you believe was a negligent act by a security guard, please do not hesitate to give our Arizona premises liability attorneys at Breyer Law Offices, P.C. a call.
