Slip, Trip & Fall Injuries

A fall can happen in a second, and the effects can last much longer. Some falls leave a bruise. Others lead to a broken hip, a head injury or months of therapy. A slip, trip and fall claim is not about whether you fell or how badly you were hurt. It is about whether the person who controlled the property knew or should have known about the hazard, had a fair chance to fix it or warn about it, and failed to do so.

Where slips, trips and falls tend to happen

A slip happens when your foot loses grip, usually on a wet or slick surface. A trip happens when your foot catches on something. A fall from a step or edge happens when the surface changes in a way you did not expect. Each type points toward different evidence.

• Spills and wet floors, such as liquids in a grocery aisle, ice near a drink station, or rain tracked into a store entrance during a summer storm
• Uneven surfaces, including lifted sidewalk slabs, potholes in parking lots, sudden changes in floor height and missing thresholds
• Damaged flooring, such as cracked tile, broken boards, torn mats and holes in carpet
• Loose carpeting and rugs that bunch, curl at the edges or slide underfoot
• Unsafe stairs, such as missing handrails, worn or uneven steps and stairs with no contrast at the edges
• Poor lighting that hides a step, a curb or an object on the floor
• Clutter and cords left in walkways, aisles or hallways

Weather can play a part. Rain, irrigation overspray and condensation can leave entryways, tile walkways and pool decks slick, and a mat that is missing or soaked through may not help. Whether weather-related conditions lead to a claim depends on the place, how long the condition lasted and what the property did about it. Some states have special rules for natural snow and ice, so the analysis can change from one state to another.

Falls can happen anywhere, but legal claims usually involve property that someone else owns or manages: stores, restaurants, hotels, gyms, apartment complexes, office buildings, parking garages and public sidewalks. For injuries caused by other kinds of unsafe property conditions, such as falling objects or collapsing structures, see Premises Liability.

Fall injuries range from bruises to fractures and head injuries

Not every fall causes a serious injury. Among older adults, the CDC reports that many falls cause no injury, while about 37% of people who fall report an injury that needed medical treatment or limited their activity for at least a day1. Most national fall data focus on older adults, but people of every age are hurt in falls.

• Wrist, arm and ankle fractures
• Hip fractures
• Concussion and other brain injuries
• Sprains and torn ligaments
• Back and neck injuries
• Knee and shoulder injuries

Falls among older adults

How common

More than 14 million adults 65 and older, about 1 in 4, report falling each year2.

Hospital care

Each year there are about 4.5 million emergency department visits for older adult falls, including 1.4 million hospitalizations1.

Hip fractures

Nearly 319,000 older adults are hospitalized for hip fractures each year, and falls caused 88% of emergency visits and hospital stays for hip fractures1.

Head injuries

In a CDC study of 2015 emergency department records, 70% of head injuries from older adult falls were internal injuries suggestive of a traumatic brain injury3.

Deaths

The age-adjusted fall death rate for adults 65 and older rose from 64.7 per 100,000 in 2018 to 78.4 per 100,000 in 20242.

Hip fractures deserve special attention. The CDC calls a broken hip one of the most serious fall injuries and notes that many people are not able to live on their own afterward4. Head injuries can also be serious, especially for a person taking blood thinners, and the CDC advises that an older adult who falls and hits their head see a doctor right away1. More on head injuries appears in Traumatic Brain Injury.

A hazard is not the same as legal responsibility

A wet floor or a broken step may be dangerous. That alone does not make the owner legally responsible for a fall. Arizona's Supreme Court has said a business must make its premises reasonably safe for invitees, but it is not an insurer of their safety and does not have to keep the premises absolutely safe6. A slip and fall attorney looks at what the owner did, or did not do, about the specific hazard.

Notice: did they know or should they have known?

In Arizona, the injured person generally must show one of three things: the owner or its employees created the hazard, the owner actually knew about it, or it was there so long that a careful owner should have found and fixed it6. For a spill or dropped item, the most important question for that last option is usually how long it was on the floor6. General knowledge that spills sometimes happen is not enough. The notice must be of the specific hazard6.

There is a narrow exception. Under Arizona's mode-of-operation rule, a plaintiff may not need to prove notice of the particular spill if the business chose a way of operating where it could reasonably expect hazards to arise regularly, such as certain self-service setups7. Courts apply this rule carefully, and it depends on the facts7.

Inspections, maintenance and warnings

Regular floor checks, cleaning logs and repair records often decide these claims. In one Arizona case, a business's periodic checks of its sidewalk, combined with no evidence of how long a rock had been there, defeated the claim6. On the other side, missing or skipped inspections can help show that a hazard should have been found. A warning sign or cone may matter, but it does not automatically defeat a claim. The question is whether the warning was reasonable for that hazard.

Open-and-obvious hazards and shared fault

Property owners often argue a hazard was so obvious that anyone would have seen it. In Arizona, an obvious hazard is a factor in deciding whether the owner acted reasonably, not a reason to say there was no duty. If the owner should have expected people to be hurt anyway, obviousness is not conclusive8. Arizona also uses comparative fault. If you were partly at fault, your damages are generally reduced by your share rather than barred9. Other states treat open-and-obvious hazards and shared fault differently, so the same fall could be judged by different rules elsewhere.

A fall is never proof of carelessness by anyone; the timeline of the hazard is what matters.

Who may answer for a fall

Responsibility follows control of the area where you fell. Depending on the facts, a slip and fall claim might involve:

• A store, restaurant or other business that operates the space
• The owner or landlord of the building or shopping center
• A property manager or homeowners' association responsible for common areas
• A cleaning or maintenance contractor hired to keep floors and walkways safe
• A city, county or state agency responsible for a sidewalk, park or public building

No one is presumed responsible. A lease or service contract may show that one party, not another, was supposed to inspect or repair the area.

Proof that helps a slip and fall claim

Spills are cleaned up, and video is often recorded over on a set schedule. The sooner evidence is saved, the better the chance of showing how long a hazard existed.

What to keep and request

The scene

• Photos of the hazard from several angles, with something for scale
• Photos of the lighting, any signs or cones, and the surrounding area
• Names and phone numbers of witnesses
• The shoes and clothes you wore, stored as they were

The property's records

• The incident report and the name of the employee who took it
• Surveillance video from before and after the fall
• Floor inspection sweeps and cleaning logs
• Maintenance records and earlier complaints about the same area

Your injury

• Emergency, urgent care and specialist records
• X-rays, CT scans or MRIs
• Physical therapy notes
• Work absence records and a journal of pain and limits

Your footwear may come up. An insurer may argue your shoes contributed to the fall. Keeping them unchanged lets the facts answer that question. Under Arizona's comparative fault rule, a share of fault assigned to you reduces damages rather than barring the claim9.

Questions a slip and fall lawyer will ask

Talking with an attorney does not mean you have to file a lawsuit. A claim review usually covers:

• Where exactly you fell, and who controlled that area
• What caused the fall, and whether it can be shown in photos or video
• How long the hazard may have been there, and whether employees walked by it
• What inspection or cleaning routine the property followed
• What injuries you have, and what your doctors have found
• Whether the property is public, which can trigger short notice deadlines

How long you have to file a slip and fall lawsuit

In Arizona, most personal injury lawsuits, including slip and fall claims, must be filed within two years after the cause of action accrues10. If you fell on public property, such as a city sidewalk or a county building, the timeline is much shorter. A notice of claim must be filed within 180 days, with enough facts to explain the claim and a specific amount for which it can be settled11. A claim filed late is barred11, and the lawsuit must then be filed within one year12.

Other states set different deadlines and notice rules, and exceptions can apply. Because evidence and deadlines both slip away, it helps to ask questions early.

Tell Us Your Story →

What happens after you contact CBW Law

How a review works

1. You tell us about the fall

   Tell us where and when you fell, what caused it and how you were hurt. Approximate details are fine.

2. We check the deadlines

   We look at who controlled the area and whether a public-entity notice rule may apply.

3. We work to save the evidence

   With your permission, we gather medical records and, where appropriate, ask the property to keep video, logs and reports.

4. We explain your options

   We tell you what the evidence shows, what remains unclear and what choices you may have.

Plain English

Medical, Health & Insurance

Medical, insurance and legal papers after a fall use terms that can be confusing. These are some you may see.

Fall injuries

Hip fracture

A break in the upper part of the thigh bone near the hip. Falls cause most hip fractures in older adults1.

Concussion (mild TBI)

A brain injury from a bump, blow or jolt. Most people feel better within a couple of weeks, but symptoms differ and may appear later5.

Internal head injury

An injury inside the head rather than to the scalp or face. It can be a sign of a brain injury.

Sprain

A stretched or torn ligament, the tissue that connects bones at a joint.

Legal terms

Constructive notice

A hazard existed long enough that a careful owner should have found and fixed it6.

Mode-of-operation rule

An Arizona rule that can replace proof of notice when a business's way of operating makes hazards regularly foreseeable7.

Open and obvious

A hazard a visitor could easily see. In Arizona it bears on reasonableness, not on whether a duty exists8.

Notice of claim

A written claim that must be filed with an Arizona public entity within 180 days before suing11.

Insurance and billing

General liability insurance

A business policy that may pay claims when the business is legally responsible for an injury.

Medical payments coverage

Limited coverage in some property policies for medical bills regardless of fault. Terms vary by policy.

Subrogation

A health plan's right to be repaid from a recovery for bills it paid.

Questions

Frequently asked slip and fall questions

Short answers to questions people ask after a fall on someone else's property.

Do I have a slip and fall case just because I fell in a store?

Not necessarily. In Arizona, the business is not an insurer of your safety6. A claim usually needs evidence that the store created the hazard, knew about it, or should have found it with reasonable care. A slip and fall lawyer can review what the evidence shows.

What if there was a wet floor sign?

A sign does not automatically defeat a claim. The question is whether the warning was reasonable for that hazard. Placement, visibility and whether the hazard should have been cleaned up instead may all matter. In Arizona, even an obvious hazard is weighed as part of reasonableness, not as a complete bar8.

How do I prove how long a spill was on the floor?

Surveillance video, inspection logs, cleaning records and witnesses are the usual sources. Arizona courts have treated time as the key question for constructive notice6. That is why it helps to ask the property to keep its video and records soon after a fall.

Can I still bring a claim if I was looking at my phone?

Possibly. Arizona uses comparative fault, so if you were partly at fault, your damages are reduced by your share rather than barred9. Other states use different rules, and some bar recovery if a person's share of fault is high enough.

I tripped on a city sidewalk. What should I know?

Claims against public entities in Arizona have strict rules. A notice of claim must be filed within 180 days and include facts and a specific settlement amount11. A lawsuit must be brought within one year12. An attorney can help you meet these steps.

My injuries seemed minor at first. Should I still see a doctor?

Some injuries take time to show. The CDC notes that concussion symptoms may not appear for hours or days, and it lists danger signs that call for emergency care5. Seeing a doctor also creates a record. Your provider can tell you what care you need.

What if I fell at an apartment complex where I live?

Responsibility depends on who controlled the area. A landlord or management company may be responsible for common areas such as stairs, walkways and parking lots. Your lease and any repair requests you made can help show who knew about the hazard.

Will the property's insurance pay my medical bills?

Not automatically. Some policies include limited medical payments coverage. A liability claim may cover medical costs if the owner is found legally responsible. Your own health insurance usually pays first and may seek repayment from any recovery.

How long do I have to file a slip and fall lawsuit in Arizona?

Most personal injury lawsuits in Arizona must be filed within two years after the cause of action accrues10. Public-entity claims have a 180-day notice requirement and a one-year filing deadline1112. Other states differ, so check early.

Tell Us Your Story

A slip and fall claim turns on the hazard, how long it existed and what the property did about it, not on the fall alone. Video and records can be lost within days or weeks.

If you or someone you love was hurt in a fall on someone else's property, tell us what happened. We will listen and explain what a claim review could involve.

Tell Us Your Story →Call (800) 476-2416

This page is general information about slip, trip and fall injuries. It is not legal or medical advice and does not create an attorney-client relationship. An accident, an injury or a loss does not, by itself, establish that anyone was negligent or legally responsible, and the law differs from state to state. No outcome can be promised in any case.