Slip and fall accidents result in over 8 million emergency room visits each year, and thousands of these accidents occur because of ice. While the desert landscape of Arizona doesn’t always evoke images of icicles, we’re no strangers to winter storms, icy sidewalks, and frozen roadways. Tucson receives a light dusting of snow every winter, and Flagstaff is one of the snowiest incorporated cities in America—on average, it receives more than 100 inches of snowfall annually! These icy conditions can make a simple walk down the street treacherous.

If you suffered a slip and fall on ice, you’re certainly not alone. Keep reading to learn more about slip and fall accidents on ice. From settling through the insurance company to average slip and fall lawsuit settlement amounts, we’ve got you covered. Additionally, be sure to contact a trusted personal injury attorney. They can help you receive the damages you’re owed and answer common questions about insurance, premises liability, and pain and suffering.

What is a Slip and Fall Accident?

In Arizona, property owners have a legal obligation to maintain their property in a reasonably safe condition. “Reasonably safe” implies a visitor should not encounter any hazard on the property, including cracked or icy sidewalks, uneven steps, or potholes. If hazards do exist, property owners must provide adequate warnings, such as signage.

A slip and fall accident is a type of personal injury that occurs when a visitor suffers bodily damage on someone else’s property due to dangerous conditions. If no hazard warning is provided, and a visitor injures themselves as a response, the property owner may be liable for the visitor’s injuries.

We see many types of slip and fall personal injury cases in Arizona, but the most common occur on ice and in-stores. We also see trip and fall cases, as well as cases involving unknown holes. Keep reading to learn more about each type of slip and fall case.

Slip and Fall on Ice Cases

Areas that receive snow and ice, such as Flagstaff, have ordinances regarding snow removal. Depending on local law, owners, lessees, or residents are responsible for removal. They typically have 24 hours to remove snow from public walkways that border the property, such as sidewalks and driveways. Any snow left on the walkway can create a hazardous condition for visitors, including black ice.

If the snow has not been removed, or the area has not been salted to prevent ice, and a visitor slips and falls, the person responsible for removal may be liable for the victim’s injuries.

Slip and Fall in Store Cases

Much like residential property owners, store owners must also ensure their visitors’ safety. Poorly constructed displays, cluttered aisles, and spilled liquids can all present shoppers with hazardous conditions. A store owner is responsible for placing signage in any area that may be dangerous, such as placing a wet floor sign near a wet floor.

If a customer slips and falls while shopping, and an appropriate warning was not in place at the time of the injury, the business could be liable for the customer’s injuries.

Trip and Fall Cases

Unlike a slip and fall case, a trip and fall occurs when uneven surfaces or objects cause a visitor to fall. These accidents commonly occur on staircases, where uneven stair heights or carpet rippling create dangerous conditions. Because property owners have a legal responsibility to maintain their property in a reasonably safe condition, trips and falls caused by hazardous surfaces could make them liable.

Step and Fall Into Unknown Hole Cases

As the name implies, step and fall into unknown hole cases occur when a visitor falls after stepping into an unknown hole or opening. These fall cases typically occur in driveways, parking lots, or on sidewalks, where potholes or deep cracks can create hazardous conditions. If correct signage was not present to warn of the hole, and a visitor falls and injures themselves, the property owner could be liable for the injuries.

5 Most Common Slip and Fall Injuries

According to the CDC, over 800,000 patients are hospitalized each year for a fall injury. Injuries range in type and severity, but they typically include fractures, shoulder injuries, head injuries, back injuries, and emotional damage.

1. Fractures

“Fracture” is the medical term for a broken bone. Fractures can range from a thin crack in the bone to a complete break, sometimes in multiple places. After a slip and fall accident, the most common fractures include damage to the wrists, arms, and legs.Hip fractures are especially common after a fall and can be among the most life-threatening, especially among older adults. According to the CDC, over 95 percent of hip fractures are caused by falls. Additionally, falls are the leading cause of fatal and nonfatal injuries among older adults.

2. Shoulder Injuries

Many victims attempt to catch themselves during a fall and end up landing on one of their shoulders instead. This harsh landing can result in a dislocated shoulder, an incredibly painful injury that can limit a victim’s shoulder and arm movement.

Likewise, a violent fall can cause serious damage to the brachial plexus: a network of nerves that connects the shoulder, arm, and hand to the spinal cord. If the brachial plexus is injured during a fall, the damage can be long-lasting and costly.

3. Head Injuries

Falls can cause head injuries ranging from mild concussions to more severe, long-lasting brain damage. According to the CDC, falls are the most common cause of catastrophic head injuries, such as traumatic brain injuries (TBI). A TBI can result in cognitive impairment, memory loss, mood changes, and other serious health issues. Plus traumatic brain injuries can incur steep medical expenses. In the most severe cases, a catastrophic head injury can lead to degenerative brain disease and premature death.

4. Back and Spinal Injuries

Back and spinal injuries can include herniated discs, slipped discs, and even vertebral damage. A slip and fall can also damage the soft tissue of the back, including muscles, ligaments, and nerves. In more severe falls, the victim may suffer damage to the spinal cord, which can result in paralysis.

5. Emotional Damage

Not all slip and fall injuries are physical. After an accident, the accumulation of medical bills, lost wages, and loss of previous lifestyle can lead to severe emotional damage. Anxiety, depression, and post-traumatic stress disorder (PTSD) are all common following a slip and fall incident. In personal injury law, this emotional distress is referred to as pain and suffering.

How to Establish Slip and Fall Liability

Arizona state law requires property owners to keep their grounds safe for visitors. This obligation is referred to as a “duty of care.” When property owners fail to make repairs, clear snow or ice, clean up spills, or remove hazards from the premises, they are breaching their duty of care and are negligent to the safety of others.

This negligence can make a property owner liable for any accidents or injuries sustained as a result of their neglect. In personal injury law, we refer to property owner negligence as “premises liability.” If you’ve been injured on a negligent property owner’s grounds, consider the following steps for establishing premises liability.

What Steps Should You Take After a Fall?

Immediately after a fall, the injured party should contact the property owner to file a report. The majority of businesses and rental buildings should have a fall report ready. If the fall occurred at a private residence, the injured person will likely need to contact the authorities. The responding officer can then file a complaint on the fall victim’s behalf.

A fall report should include the contact information for both the property owner and the injured person, including their full names, addresses, and phone numbers. It should also detail any present injuries. Documenting these injuries early on can help support the victim’s personal injury claim. Other helpful information to include is the time and date of the accident, as well as exactly where on the property the fall took place. All of this information may be requested during the discovery phase, so it’s best to take detailed notes.

The injured party should also take photographs of the accident scene, especially if there was no signage in place when the accident occurred. These images can serve as evidence down the line and help prove the property owner was negligent. Plus, they can assert that the fall victim’s actions did not contribute to the cause of the accident.

What is the Statute of Limitations for a Slip and Fall Claim?

A statute of limitations enforces a time limit for how long after an accident a victim can claim damages. In Arizona, the statute of limitations for slip and fall claims falls under the larger umbrella of personal injury cases. This means that all fall victims have a two-year deadline for the filing of any civil cases seeking compensation for damages. In other words, if someone was injured in a slip and fall, they must file a lawsuit or insurance claim within two years of the date the accident occurred.

Comparative Negligence in Arizona Slip and Fall Cases

The state of Arizona uses “comparative negligence” for slip and fall cases. This means that when a fall victim is found to share some amount of blame for the accident, any damages they’re awarded will be reduced by an amount equal to their share of negligence.

Imagine a court finds a victim to be 25 percent responsible for their slip and fall accident. If the victim’s damages totaled $20,000, their total settlement amount would be reduced by 25 percent. In this case, the victim would only receive $15,000—their total damages minus their 25 percent share of fault for the accident.

If you’re making an injury claim against a property owner in Arizona, you must be prepared to argue against comparative negligence. Some arguments you may face include:

• The dangerous property condition should have been obvious to you
• The dangerous condition was cordoned off by cones and signage
• You weren’t paying sufficient attention to where you were walking
• You were wearing footwear that was inappropriate under the circumstances

Evidence such as a fall report, photographs of the scene, and a lack of signage is key to proving your innocence and receiving full compensation after a slip and fall accident.

Average Amount for a Slip and Fall Settlement

The average slip and fall settlement is typically between $15,000 and $45,000, but amounts vary wildly. More high-profile cases—such as those that involve major retailers or serious injury—can average between $100,000 to $500,000 or even upwards of $1 million. Whether your case falls within the average range depends on several factors, including the severity of your injury and your percentage of fault.

A serious injury implies the damage took longer to heal, such as a head injury, and averaged higher costs of medical treatment, such as surgery. Injured parties in these cases tend to receive more compensation. Minor injuries, such as a sprained ankle, and minor medical treatment, such as physical therapy, typically result in lower settlement amounts. Likewise, if you were found liable for a portion of your damages, your total slip and fall settlement will be reduced.

Slip and Fall on Ice Settlement Amounts

Slip and fall on ice settlement amounts vary depending on the severity of the injury. However, many slip and fall on ice cases do result in more serious injuries, such as spinal damage, head injuries, or fractures to the hip and shoulder. Due to these factors, ice fall settlement amounts may be in the higher range than an average slip and fall.

Consider these recent fall settlements, but do consult with a slip and fall injury attorney to best estimate your unique slip and fall on ice settlement amount.

$1.5 Million Slip and Fall on Ice Settlement

A mother in New York slipped and fell on black ice while walking her child to daycare. She was awarded a $1.5 million settlement amount to compensate for her damages.

The victim was unaware of the black ice on the sidewalk, and because she was holding her child, she fell backward to protect him. She immediately felt pain in her head, neck, and shoulders, and she required cervical spinal fusion surgery to repair the damage.

There had recently been snowfall in the area. However, weather records indicated the last snowfall had occurred 39 hours earlier—15 hours beyond the time limit for property owners to safely remove any hazardous conditions from walkways. The victim was granted $1.5 million to cover her medical bills, lost wages, and pain and suffering.

$595,000 Slip and Fall on Ice Lawsuit Payout

Another victim had a slip and fall on ice and was awarded $595,000 in damages. A 39-year-old nurse’s aide slipped and fell on ice that had accumulated in front of the hospital where she worked. She suffered an ankle fracture that caused swelling, scarring, and difficulty walking. The nurse’s aide claimed the hospital was negligent. She stated that instead of clearing recent snow, the hospital allowed it to melt and refreeze, which created a walking hazard.

However, the hospital argued they had properly cleared snow. They insisted the aide was negligent for failing to properly look where she was walking. The courts ultimately declared the nurse’s aide was partially responsible, resulting in a reduction of her settlement by her percentage of fault. She was awarded a total settlement amount of $595,000.

Do You Need a Personal Injury Lawyer to File a Fall Lawsuit?

The stress of a slip and fall can be overwhelming. Before seeking compensation on your own, consider the help of a slip and fall attorney. A slip and fall lawyer can help you gather evidence, quantify damages, and establish premises liability. Additionally, they can make litigation filings on your behalf and represent you in court.

Not to mention, forging a strong attorney-client relationship can also save you the heartache of representing yourself should the property owner claim you’re liable for your injuries. Legal representation is also beneficial if you’re going up against a large corporation, such as a store or property developer.

Seek a Free Consultation with a Slip and Fall Lawyer

If you’ve suffered a slip and fall due to the negligence of a property owner, you deserve justice. Seek a free consultation with a law firm knowledgeable in slip and fall law and premises liability in Arizona. A fall lawyer’s legal advice, paired with their experience in the courtroom, can help ensure you receive the most compensation possible for your injuries.

Nobody wants to get hurt. Sometimes accidents just happen, though, and sometimes they happen because of the negligence of someone else.

When you are injured by the negligence of a party like Walmart, you can at least be glad of one thing: Walmart has what personal injury attorneys like to call “deep pockets,” and they will be able to compensate you for your injuries. As a retail giant, they can handle individual liability claims.

If you have a potential lawsuit against Walmart, you can talk to a personal injury attorney about whether or not it would be worth it to sue so you can recover from all your damages.

You can talk to the store manager, so they know you were injured, but don’t give a recorded statement until you consult with an attorney.

Why Hire a Personal Injury Lawyer?

A slip and fall attorney can be the difference between getting compensated and paying for all your own bills out of pocket. There are some things an attorney can do that you might not be able to.

Your slip and fall attorney can collect evidence so that you will be able to prove your case. As someone who has dealt with those kinds of cases before, your lawyer will know what kind of evidence to look for and the best way to preserve it in case you have to go to trial.

Your attorney can also help you by dealing with the insurance adjusters. All insurance companies are working for profit, so they try to save money and not pay insurance claims if they don’t have to.

They aren’t looking out for you because they are worried about their own bottom line. Once they know you have an attorney, the insurance adjusters are more likely to be responsive to your needs.

While you might be the one to make sure you get the names of anyone who witnessed your fall, your attorney can talk to your witnesses and prepare them for trial. Your attorney can help get the details about what a dangerous situation it was.

What Kind of Injuries Are Caused By Slipping and Falling?

You could theoretically sustain almost any kind of injury if you fall hard enough, or if you fall wrong. No matter how seriously you are hurt, the negligent party should be responsible for paying for all of the injuries if you were injured through no fault of your own.

Here are some of the kinds of injuries you might suffer if you have a slip and fall accident:

Cuts and Abrasions

These are usually relatively minor injuries but may need some medical treatment, such as stitches. You should recover fully from these kinds of injuries.

Broken Bones

These injuries are more serious, and you may suffer anything from a hairline fracture to a compound fracture, where the bone is protruding from the skin.

If you suspect you have a broken bone, don’t wait to go to an emergency medical center so you can get an x-ray.

Head Injuries

These could include anything from bruising to swelling, to a total loss of consciousness.

No matter how trivial it may seem, you should always take a head injury seriously. You could have a concussion without realizing it. If you have a traumatic brain injury, it could affect you for the rest of your life.

Spinal Cord Injuries

These are no longer all as serious as they used to be, but they can still cause major long-term problems, including paralysis or death. If you have a spinal cord slip and fall injury, you need to stay in treatment until you are fully recovered in order to prevent even worse injury. This could eventually cost millions of dollars.

Soft Tissue Injuries

You can’t see these types of injuries, but they can affect you just as much as most other kinds of injuries.

When your tendons or ligaments are torn or sprained, you may not realize how serious your injuries are.

Especially right after you fall, you might be feeling that rush of adrenaline that comes with panicking. If you suspect you have soft tissue injuries, go ahead and seek treatment immediately so you don’t get worse.

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What Kind of Damages Can You Ask For?

If you fall down and don’t get hurt, it’s embarrassing at worst. You can only sue for damages if there is some real sort of harm you can show that was caused by the other party’s negligence.

In the case of a slip and fall case, there are several kinds of damages you might be able to claim.

Medical Bills

If you were hurt because of the fall, you could ask the negligent party to pay you for all of the medical expenses, including the doctor’s fees, hospital stay, crutches, medicine, or anything else that helped you recover from your physical injuries.

Lost Time From Work

Whether or not you have a vacation or sick time at your job, you shouldn’t have to use it up because someone else was negligent. You can ask the responsible party to pay for your lost wages.

Future Loss of Earnings

Do you now have a disability or limited range of motion that will affect your future earnings? You can calculate that as part of your settlement.

Pain and Suffering

You deserve to be compensated for your needless pain and suffering.

Other

Any other expenses you can reasonably claim were caused by the accident.

What Do You Have to Prove to Win a Slip and Fall Case?

Every negligence case is based on the idea that one party had a duty to live up to a certain standard of care and that a failure to do so caused the injury of another party. When it comes to litigation, you have to prove that the other party was liable and that you were injured.

Proving Liability

Every case is different, so you will have to look at the circumstances of the situation. If another customer spilled a drink and just walked off and left it, and then you slipped and fell before a Walmart employee could reasonably have come to clean up the wet floor, you may not be able to prove that Walmart Stores Inc was negligent.

On the other hand, if you can prove that spills are common in that area and that the company doesn’t do anything to make sure they are cleaned right away, you should be able to prove negligence.

If a company knows beforehand about a dangerous condition, they are responsible for remedying the situation. Every property owner who invites others to come onto the premises is responsible for guest safety.

Proving liability may also depend on certain local and state laws governing the behavior of businesses. Your personal injury attorney will know which of those laws applies to your case and which circumstances are important to look at.

Would floor mats have helped? Were there many slip and fall incidents in that area? Your attorney can find out.

Proving Damages

Again, if you have no damages, you have no lawsuit. You will need to prove that your person and/or property was damaged because of the defendant’s negligence, and you will need to be able to show how much that cost you.

That also means that while you are waiting for your case to come to a conclusion, it is vital that you save every receipt and keep track of every expense you want to claim.

Will You Need to File a Lawsuit?

You don’t want to file a lawsuit if you don’t have to. Going to court is stressful, expensive, and time-consuming. It can take years before a civil lawsuit makes its way through the courts. Unlike criminal cases, there is no speedy trial rule for civil cases.

If you are sure you have a good case for negligence and you can prove damages, you may have to file a lawsuit if the other party refuses to make a reasonable offer of compensation.

Before you even think about filing a lawsuit, you should send a settlement demand letter where you explain what you can prove and make a reasonable offer of settlement.

Wait until you are close to the end of your medical treatment so you have a good idea of how much you are asking for, and go over the letter with an experienced attorney.

One important thing to remember is that you want to write clearly “For Settlement Purposes Only” in the heading of your letter so that the defendant can’t hold the offer against you at a later date.

Filing a lawsuit by yourself takes several steps:

1. Gather all your information and research your case.
2. Choose the court based on how much you are asking for and where the accident happened.
3. Find the correct forms and fill them out.
4. Write out the complaint, where you explain your reason for filing a lawsuit.
5. Send notice or summons to the other party, so they know to come to court.
6. Decide whether you need an attorney in the courtroom.

How Is Preparing With an Attorney Different?

Filing a lawsuit with an attorney is much easier for you. Your first step will always be to meet with your attorney so your attorney knows how to handle your case.

Your attorney will investigate the case and let you know if there is anything else needed. Then your attorney will prepare the demand package and handle the discovery and negotiation phases.

How Long Does It Take to Settle a Personal Injury Lawsuit or Go to Trial?

Even if you agree to a slip and fall settlement, it can take a great deal of time to get paid. The settlement check timeline includes time for creating the final documents, endorsing the final agreement in front of a notary, and then waiting for the insurance company to write a check and send it back to your attorney.

Your attorney will make sure any liens are paid, such as for expenses from the accident, and deduct the attorney fees. Finally, you can expect to get your check.

Lawsuits take much longer. Once you have filed a lawsuit, several things will happen. You will go through a discovery phase, where you provide the other side with your evidence and vice versa. During that phase, witnesses may be deposed, and parties may address interrogatories to each other.

The other party may file a request for production where the Court will order you to provide certain evidence or a request for admissions, where you literally have to answer with an affirmative or a negative.

Be very careful during the discovery phase, because there are close time limits, and if you fail to respond in a timely manner, you could lose the entire case.

If your case is going to trial, parties may ask for a seemingly endless number of continuances, and the trial date will be set far into the future. By the time you enter a courtroom, it could be years later.

What Is the Best Way to Choose a Slip and Fall Attorney?

If you have an accident at one of the Walmart stores and feel that you have a case, you should choose an attorney from a firm that has experience with those kinds of cases. Attorneys who deal with personal injury claims typically offer a free consultation, so you should seek out advice as soon as possible.

You only have a limited amount of time to ask for compensation. After two years, if you try to file a lawsuit, the defendant can ask the judge to dismiss it because you waited too long. You have to give the company legal notice that you are seeking damages.

At Skousen, Gulbrandsen, & Patience, we understand that you may have few dealings with the court system, so you may be hesitating before you take the next step. It will cost you nothing if you call and make an appointment so you can get free advice about your case.

We don’t get paid until you do, so you don’t have to worry about paying us while you are also dealing with your medical bills and other expenses. We care about our clients and our community and work to give each client the best care.

If you are a resident of Mesa, Arizona, know that you can count on us to provide competent, aggressive, caring legal service.

A slip and fall injury can have devastating consequences, and they happen more frequently than you might think. If you’ve suffered an injury from a fall, a personal injury attorney can help you receive the compensation you need and deserve.

A slip and fall injury can happen at any time. There are cases where someone falls at work, in a store or place of business, and on another person’s property.

If the fall is due to negligence or some fault of the property owner, your injury may be covered under a slip and fall lawsuit. In order to determine premises liability, a court would look for a few things.

First of all, you need to determine who the liable party is. In a case where the accident happens at someone’s home, often, the homeowner’s insurance would be liable if it was determined that the slip and fall could have been prevented.

For fall claims, a court would determine that there is a liability if the fall was the result of something wrong with the structure, such as a crack in the floor or sidewalk that could cause a fall.

They may also determine that the owner is liable if something was changed or done at the property where the owner should have reasonably foreseen a hazard.

For instance, if you’re mopping the floor without warning people that the floor is wet or if someone uses a cord or cable but doesn’t properly tape it down to prevent a tripping hazard.

You may also need to bring your own proof or documentation of your claim. This might include eye witness reports and any medical reports. You might also be able to get video footage from a nearby business or traffic camera for the time of the accident.

One of the most frequent questions people ask is about compensation. How are slip and fall cases valued? Is there an average amount that you can expect, or is it a case by case basis?

What Can You Expect as an Average Settlement Offer?

There are different factors involved in every slip and fall case. Some things your personal injury lawyer will ask about is the extent of the injury. You can be compensated for medical expenses and the time you miss from work.

There may also be other hardships that the court can award settlement for, which usually fall under the category of pain and suffering.

Medical bills and time off of work are fairly straightforward. Your lawyer can easily calculate these and provide an estimate.

Pain and suffering can be more difficult to determine. This may fluctuate depending on other cases in the area during the time frame. Other factors may come into play, as well.

For instance, if the property owner has been sued for similar liability before, it may work in your favor in a lawsuit.

Types of Injuries

There are a number of injuries you can sustain from a slip and fall accident. The type of injury might depend on the area and the height at which you fell.

For instance, falling from a height of several feet is often going to cause a more serious injury than a simple slip on a flat surface.

The most common types of injury include:

Broken or fractured bones

This may be the ankle, leg, or arm. It’s often the result of landing on the appendage, but any number of injuries can be sustained from the way you twist to attempt to break your fall or due to environmental factors.

Spinal Cord Injury

Back injury or spinal cord injury can be very serious and irreparable. Depending on the severity, this may result in lifelong limitations, and for some people, it can mean surgeries and possible loss of wages.

In extreme cases, spinal cord injuries can mean paralysis and other obstacles that can severely hinder the quality of life.

Sprains

Sprains are less severe but can result in medical bills and time off of work.

Head Injury

Like spinal cord injuries, head injuries can be quite severe. They may also cause issues which don’t appear immediately. A traumatic brain injury can have lifelong implications.

Slip and Fall Lawsuit Payouts: Go to Trial or Settle Out of Court?

In most cases, a slip and fall case will settle out of court. What this means is that the liable party agrees to pay you an agreed-upon amount.

You can arrive at a settlement agreement and receive payment much faster than you would if you went through the entire trial process.

Your lawyer will discuss the pros and cons of taking a settlement. Court cases are never a guaranteed win, so a settlement can often be an excellent option because it means that you will receive some compensation for your injury.

However, some parties will try to reach a settlement agreement that’s far too low to be fair when considering the amount of pain or damage you have sustained.

Once you agree to a settlement, it means that you have agreed not to seek further damages from the liable party for that incident. In other words, you can’t go back to court to sue them again over the same injury.

This sounds straightforward, but some injuries take a long time to surface. Brain injuries, for instance, may not present with symptoms immediately. Spinal injuries, such as whiplash, may also get worse over time.

In all cases, it’s important that you see a physician and make sure that you know the extent of your injuries prior to reaching a final settlement amount. Some parties will decide to go to court.

This may depend on your lawyer or the insurance company. In some cases, an insurance company may offer a very low number that makes going to trial a much better option.

Your lawyer can help you find the best strategy to arrive at the highest possible settlement for your situation.