How Long After a Slip and Fall Can You Sue in Arizona?

Slip and Fall Lawsuits in Arizona Must be Filed Within Two Years. There are exceptions to the two-year rule.

If you suffered a slip and fall in Arizona you typically have two years from the date of the accident to file a lawsuit against the property owner and/or operator of the premises. You must act quickly as failure to meet the two year filing requirement can result in your inability to receive compensation for your medical expenses, lost wages and for the pain you experienced as a result of the accident.

The purpose of this article is to provide you with information regarding the statute of limitations for slip and falls in Arizona; including information on exceptions to the statute which allow you additional time to file your slip and fall lawsuit, the steps you must take immediately after a slip and fall to protect your ability to pursue a claim against the property owner/manager, who can be held accountable for your slip and fall, what can either shorten or extend your filing deadline and why acting quickly benefits your claim and ultimately the outcome of your case when represented by Queen Creek Law Firm and our personal injury attorney, Tyler M. Allen.

Statute of Limitations for Slip and Fall Cases in Arizona

There is a limited amount of time in which you may file a slip and fall lawsuit in Arizona. The statute provides you with guidance on when the statute of limitations commences and identifies when exceptions to the statute may provide you with additional time to file a lawsuit.

Arizona Statute of Limitations for Most Slip and Fall Claims

Most slip and fall claims in Arizona must be brought within two (2) years of the date of the accident. As discussed above, this two-year time frame comes from Arizona statute and applies to all personal injury claims. If you fail to bring your claim within the applicable two-year time frame, your claim will likely be dismissed by the court, and you will no longer have the opportunity to bring a lawsuit.

You will be required to file a complaint in court to comply with the statute of limitations. Even if you have a good slip and fall injury claim, filing your complaint too late may pose a serious risk to your claim. For injuries occurring on government property, however, different statutes of limitation often apply and may provide for shorter notice or claim periods, rather than the traditional two year time frame.

Commencement of the Statute of Limitations After a Slip and Fall

Normally, the statute of limitations commences on the date of your slip and fall accident. If you suffered an apparent injury immediately after the slip and fall accident, the two year time frame will begin to run from that date. However, if you were unaware of your injury immediately following the slip and fall, Arizona courts may apply the discovery rule to the statute of limitations, and the clock may begin to run from the date upon which you either discover or should have discovered your injury.

Record the date of your slip and fall accident in any relevant medical documents, incident reports, and photographs. Documentation of the date of the slip and fall accident may assist in establishing when the statute of limitations commenced if the date of the accident becomes an issue in your case.

Limitations and Exceptions to the General Rule

As previously stated, certain exceptions to the general rule exist that may change the normal two-year filing requirement. One common exception is the involvement of a governmental entity. Typically, if you wish to bring a claim against a governmental entity, you will first need to file a claim with the governmental entity prior to bringing a lawsuit. Normally, you will need to file the claim with the governmental entity within 180 days of the accident. Failure to timely file the claim with the governmental entity may preclude your ability to bring a lawsuit.

Additional exceptions to the normal two-year time frame include claims involving minor plaintiffs and claims where the injured plaintiff is legally incapacitated. Minor plaintiffs typically have their statute of limitations tolled (or suspended) until they reach the age of majority. Similarly, if the injured plaintiff is legally incapacitated, the statute of limitations may also be tolled until the injured individual regains capacity. Rulings of the courts or extraordinary facts may also suspend or toll the statute of limitations for fairness reasons, however, you should act promptly and speak with our personal injury attorney, Tyler M. Allen of Queen Creek Law Firm, to determine if an exception applies to your situation.

Immediate Actions Following a Slip and Fall Accident

Promptly protecting your health and your potential claim is critical. Obtain medical attention, document the events surrounding your slip and fall, and inform the property owner/operator of the incident to create an official record.

Reporting the Slip and Fall Accident to the Property Manager

Immediately notify the property manager, owner or employees of the slip and fall accident. Request the property manager create an incident report and obtain a copy of the report or photograph it. If the property manager refuses to complete the incident report, document the name, job title and contact information of everyone you speak with.

Clearly describe the facts, and avoid making assumptions regarding the facts you do not know. Document the accident in a concise and factual manner, including: date, time, location, and the reason for the fall (i.e., slippery floor, uneven surface, etc.).

If the property has cameras or video recording capabilities, inquire as to whether the recordings are retained and by whom the recordings are controlled. Document the name of the business and any employee names. Record the date and response of the person to whom you notified of the incident.

Evidence Collection for Your Claim

Photograph the hazard causing the slip and fall accident and the surrounding area immediately following the incident. Photograph both wide-angle and close-up images of the hazard and the area. If possible, photograph landmarks, signs and timestamp the images using your smartphone.

Preserve clothing and footwear worn during the slip and fall accident. Document every detail regarding the incident, including: your actions, weather conditions and any warnings or lack of warnings that you observed.

Obtain the contact information of any eyewitnesses to the incident and seek written statements if feasible. Collect all medical records, bills and receipts for treatment of your injuries resulting from the slip and fall accident. Also collect any communication you have had with the property owner/operator and/or their insurance company via email, text message or otherwise. All of these items will strengthen your claim and enable Tyler M. Allen of Queen Creek Law Firm to evaluate your claim more effectively.

Who May Be Held Responsible for Your Slip and Fall Accident?

You will want to identify who may be liable for your injuries and what proof will be necessary. The determination of responsibility is generally based upon who owned or maintained control of the area in which you slipped and fell, and whether they failed to correct a hazardous condition that you could not reasonably avoid.

Identifying Liability Based Upon Property Ownership

Property owners have a duty to maintain common areas safely. If you fall on a wet floor, a broken step, a walkway with excessive clutter, or an icy sidewalk, the owner may be liable if they either knew or should have known of the hazard and failed to repair or remove the hazard.

To establish the liability of the property owner you will need to demonstrate:

• Control of the area where you fell;
• That a dangerous condition existed;
• That the owner had knowledge of the hazard; and
• That the dangerous condition resulted in your injury;

Collecting evidence such as photographs, witness statements, incident reports and medical records, will assist in establishing the liability of the property owner. The sooner you report the accident and document the scene, the better position you will be in to establish liability.

Other Potential Defendants

Besides the owner, other parties can also share liability for your injuries. The tenants, businesses operating in the building, contractors performing work on the property, maintenance personnel, and property managers can each potentially be responsible if they created or failed to address the hazard.

Examples of the types of defendants that may share liability include:

• An employee of a retail establishment mops the floor without posting a “wet floor” sign. Both the retail establishment and the manager of the establishment may be liable.
• A landlord hires a contractor to perform repairs in a rental unit and the contractor leaves debris on the stairs. Both the landlord and the contractor may be liable.
• A tenant in a rental complex fails to clear the ice off of a private walkway. In that event, the tenant and not the landlord would be liable.
• You may have multiple defendants who contributed to your injuries. Arizona law also allows for partial liability and reduced recoveries if you are partially at fault. Therefore, identifying all potential defendants will benefit your claim.

Time Periods Which Will Affect the Amount of Time You Have to Bring a Lawsuit After Suffering a Slip and Fall

A variety of factors can impact the amount of time you have to file a slip and fall lawsuit in Arizona. These factors include when you became aware of your injuries and special laws that apply to individuals who are minors or have certain disabilities.

Delayed Discovery of Your Injuries

Arizona law may grant you additional time to file a lawsuit if your injuries did not manifest themselves immediately after the slip and fall accident. For example, hairline fractures or soft tissue injuries may not produce noticeable symptoms until several days or weeks after the injury occurred. Ordinarily, the statute of limitations will commence when you either knew or should have known that you sustained an injury and that the injury was related to the slip and fall accident.

It is important to document when you first noticed symptoms of your injury, and to seek medical treatment as soon as you experience pain. Maintaining a record of your medical treatments, including doctor visits, tests and any written notes made by your doctors linking your injury to the slip and fall accident will aid in establishing the date of discovery if the opposing party disputes that the statute of limitations has expired.

Cases Involving Minors and Individuals With Disabilities

Arizona law differs when dealing with minors and individuals with disabilities. If you were under the age of eighteen at the time of your slip and fall accident, the statute of limitations may not commence until you reach the age of eighteen. Thus, you will have additional time to file a claim as an adult.

Similarly, for individuals with certain mental disabilities, the statute of limitations may be paused while the individual lacks legal capacity. A legal representative or conservator can generally file on your behalf. If you believe that this exception applies to you, please obtain documentation from a medical professional or lawyer that describes your disability and when a guardian was appointed and/or when your capacity returned.

When Do I File My Slip and Fall Claim?

You are required to file your slip and fall claim before the time expires. Typically the Arizona statute of limitations is two years.

What Happens When I Miss the Deadline?

You miss the opportunity to bring a claim against those responsible for your fall and to receive medical expenses and/or lost wages. In some instances you may be able to still file a claim, however it would be best to contact Queen Creek Law Firm immediately to discuss your options.

Possible Outcomes When You File Late

If you file a slip and fall claim more than two years after your accident, a judge is likely to dismiss your claim. Judges do not have much discretion when the statute of limitations has expired. Once a judge dismisses your claim, you will generally be unable to request damages from the parties who caused your fall.

Once your claim is dismissed, your insurance company is typically less inclined to offer reasonable settlement amounts. Insurance companies have little reason to offer settlements in these types of situations. It’s also very difficult to receive compensation for medical bills, future care, lost income and pain and suffering when your claim has been dismissed.

If you believe you may have filed your claim after the statute of limitations had passed, you need to act quickly. As time goes on, evidence fades and witnesses disappear. Contact the law firm as soon as possible to assess your situation and the documentation you currently have regarding your claim.

Limited Exceptions to the Two-Year Deadline

There are limited exceptions under which the statute of limitations may be extended in certain circumstances. Some of the most common exceptions include:

1) The Discovery Rule:

In some cases, the two-year deadline does not begin until you knew, or should have known, that you were injured and how you were injured. For example, if you slipped on black ice in January, but didn’t realize that was the cause of your back injury until March, the statute of limitations may begin to run from March.

2) Claims Against Government Entities:

For claims against government entities, you are typically required to provide a written notice to the relevant government agency within 180 days of your accident. Failure to do so may result in your lawsuit being barred regardless of whether the two year deadline has expired.

Minor Plaintiffs and Legally Disabled Persons:

There may be additional timing requirements for minor plaintiffs and individuals who are legally disabled.

These exceptions are limited and require proof. If you believe one of these exceptions may apply to your claim, you should bring all available evidence including medical records, incident reports, and dates of notice or discovery to your meeting with Attorney Tyler M. Allen.

Benefits of Actuating Immediately Following Your Accident

Taking prompt action following a slip and fall protects your physical well-being, preserves your ability to recover for your medical expenses and lost wages, and makes it easier to gather evidence and avoid potential issues down the road.

Protecting Evidence

Take photos of the area where you fell as soon as possible. Take pictures of the floor surface, any spills, the lighting conditions and any warning signs or obstacles near the area. If possible, take photographs of footprints, blood stains, torn clothing and any other hazards that contributed to your fall.

Also, obtain witness statements and contact information as soon as possible. Encourage witnesses to write a brief account of what they witnessed or to record a brief video using their telephone to describe what they saw. Also, keep a record of all receipts for your medical bills and lost wages related to your injuries.

Do not discard any clothing or damaged items and keep your shoes and store them in a safe location. If the property owner/manager corrects the hazardous condition, document the corrections along with the date and time of the correction. All of the above mentioned items and documentation can strengthen your claim.

Protecting Your Rights

Report the incident to the property owner or manager within 24 to 48 hours after the incident occurred. Documenting your fall through an incident report will create an official record of your fall that includes the date, time and basic information regarding your fall. Be sure to retain a copy of the incident report for your own records.

It is advisable to consult with a personal injury lawyer as soon as possible to determine the applicable deadlines for your specific claim. In Arizona, the statute of limitation varies depending upon whether the property is publicly owned, privately owned, or owned by a government entity. If you fail to timely file your claim, you will be prohibited from bringing a lawsuit.

Monitoring Medical Appointments

Keep track of all scheduled medical appointments and adhere to the recommended course of treatment. Delayed medical treatment may harm your credibility in pursuing your claim and will delay the processing of your claim. Taking prompt action will allow the litigation process to proceed efficiently and will enable you to maintain your right to pursue damages.

Queen Creek Law Firm and Your Slip and Fall Claim

If you have been involved in a slip and fall accident, we encourage you to contact us to initiate the process of pursuing a claim. During your initial consultation, our attorneys will hear your version of events, review your medical records, and assist you in understanding the process of pursuing a claim.

Our office will then begin gathering evidence, interview witnesses and verify the status of your insurance coverage. While you focus on recovering, we will work with Attorney Tyler M. Allen to develop a legal plan to maximize the value of your claim. By working together, we will reduce the amount of stress associated with the litigation process and minimize the likelihood of missing important deadlines.

We will assist you in filing your insurance claim, and guide you in determining when to pursue a lawsuit. Generally, most of our clients’ claims resolve prior to trial; however, we are prepared to go to trial if necessary. That preparation will help to ensure that you have preserved your right to bring a lawsuit within the time limits provided by Arizona law.

We will assist you in tracking and documenting all of your medical expenses and lost wages to accurately reflect your losses in your claim. Throughout the process, we will communicate clearly with you and answer any questions you may have regarding the potential outcome of your claim. If you wish to begin the process, please contact us today for a free case review!