Determining who is responsible for a slip-and-fall accident

February 28, 2023

Determining who is responsible for a slip-and-fall accident

Slip-and-fall accidents can happen anywhere and at any time. They can cause serious injuries and have a major impact on a person’s life. In such cases, determining who was at fault for the accident is important in ensuring that the victim receives compensation for their injuries and damages. In Arizona, USA, there are laws that govern slip-and-fall accidents and determine the responsibility of different parties involved.

Property Owners’ Duty of Care in Arizona

Property owners in Arizona have a duty of care to keep their premises safe for visitors. This includes conducting regular inspections to identify potential hazards and acting quickly to address them. The level of care that property owners are expected to provide varies depending on the type of visitor, such as a business invitee, licensee, or trespasser. A business invitee, for example, is entitled to a higher standard of care than a trespasser.


Failure to clean up spills, not repairing broken floor tiles, and inadequate lighting are all examples of property owners’ negligence that can lead to slip-and-fall accidents. A property owner may be held liable for a slip-and-fall accident if they fail to take reasonable steps to address hazards.

Contributory Negligence in Arizona

Contributory negligence is a legal defense in Arizona that a property owner can use to reduce their liability for a slip-and-fall accident. This defense asserts that the victim’s own actions, such as being distracted or failing to use available safety equipment, contributed to the accident. If the victim is found to be contributorily negligent, their compensation may be reduced or denied entirely.


Ignoring warning signs, not wearing appropriate footwear, and failing to use handrails on stairs are all examples of contributory negligence in slip-and-fall accidents.

Types of slip-and-fall Accidents

Slip-and-fall accidents are classified into four types: 

  • Wet floor accidents 
  • Tripping hazards accidents 
  • Uneven pavement accidents
  • Stairway accidents 

Different factors are considered when determining responsibility in each type of accident. In a wet floor accident, for example, the property owner’s duty to clean up spills and post warning signs becomes crucial. The condition of the stairs and the availability of handrails are critical factors in a stairway accident.

Evidence to Prove Responsibility in slip-and-fall Accidents

After a slip-and-fall accident, gathering evidence is important in determining liability. Eyewitness statements, photographs of the scene, and the condition of the victim’s shoes at the time of the accident are all examples of evidence that can be used. To ensure the integrity of the evidence, it is key to collect it as soon as possible after the accident.

Hiring a slip-and-fall Accident Attorney in Mesa, Arizona

Hiring a slip-and-fall accident attorney can help the victim navigate the complex legal process and ensure that they receive the compensation they deserve. An attorney can assist in gathering evidence, negotiating with insurance companies, and representing the victim in court if necessary. It is important to hire an attorney who is familiar with Arizona law to ensure that the victim’s rights are protected.


Contact us for a free consultation at Schenk Podolsky to learn more about slip-and-fall accidents. 




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