A slip-and-fall accident can lead to serious, catastrophic, or fatal injuries, and is far more dangerous than most people realize. One out of every five falls results in a serious injury, according to the CDC (Centers for Disease Control and Prevention). The agency reports that 3 million people are treated each year in emergency rooms for injuries sustained in a fall, with over 800,000 hospitalized.
Most Common Severe Slip-and-Fall Injuries
Traumatic Brain Injury (TBI) & Concussions
Head impacts from a fall can cause the brain to violently strike the inner skull, leading to concussions, internal bleeding, or brain bruising. These injuries often result in long-term cognitive impairments, persistent headaches, and significant disruption to daily functioning.
Hip, Pelvic, and Vertebral Fractures
Landing directly on hard surfaces concentrates massive impact forces on the skeleton, frequently shattering the hip, pelvis, or spine. Recovery usually requires major emergency surgeries, hardware installation, and extended physical therapy that can permanently limit mobility.
Soft Tissue Tears & Spinal Cord Damage
Sudden twisting or attempts to break a fall can severely tear critical ligaments and tendons in the shoulders, knees, or ankles. Furthermore, trauma to the spine can compress or sever the spinal cord, potentially causing permanent loss of sensation or paralysis.
Establishing Premises Liability in Arizona & New Mexico
When a slip-and-fall occurs on the property of another party who failed to maintain safe walking surfaces for visitors, guests, or others, it may be grounds for a premises liability claim. This legal action may be critical in cases in which the injured person is unable to work, function normally, or will face a lifetime of challenges related to impairments associated with a brain injury. In these cases, there is no question that you should be represented by a slip and fall injury lawyer who has an extensive record of success in personal injury claims – your future health, both physically and financially, is in large part, the direct result of the skills and dedication of your lawyer.
Workplace Falls & Third-Party Injury Claims
Your working environment should be maintained for the safety of all workers. If an employer fails to maintain safe walking surfaces and a slip-and-fall accident occurs, it can lead to a serious or life-altering injury. Many falls in the workplace lead to the need for hospitalization, surgery, rehabilitation, or leave a worker injured so severely that it is impossible to earn a living. Workplace injuries often occur due to:
Slippery walking surfaces due to water, oil, or other liquid spills
Trailing cables
Uneven walking surfaces on workplace floors or stairways
Insufficient lighting in stairways
Items stacked or left in hallways, walking areas, or on stairs
Broken tiles, rough carpeting, etc.
Falls from heights, ladder falls, scaffolding collapses on construction sites
When Are Landlords & Commercial Property Owners Liable?
At The Husband & Wife Law Team, we have often been called upon to represent the injured in slip-and-fall or trip-and-fall accidents. One example is a case in which our client was struck by a broken door at her assisted living facility, which led to a broken back. She is no longer able to live life as she had before the fall, including walking without assistance. Our legal efforts on her behalf led to a confidential settlement, with damages paid both from the facility’s insurance company and the door manufacturer.
Real Case Results: Successful Slip-and-Fall Recoveries
Another example of our legal work involved a client who was walking through Desert Ridge Marketplace and fell as a result of an unexpected step downwards. Her fall led to a broken fibula (the smaller calf bone) and the need for multiple surgeries. To assist our client, we filed a claim and hired an investigator to evaluate the area where she fell. The investigator discovered that prior complaints had been made and the problem had not been addressed and resolved. The case was settled in mediation for a confidential amount.
Another slip-and-fall case we resolved involved a client who fell at the dentist. After her treatment, she got out of the dental chair and tripped over an electrical box in the office, breaking her pelvis. She required surgery, with several incisions to place hardware to stabilize the bone. Our client had been a very active person before the fall, but the injuries left her unable to continue to be the primary caregiver for her husband. We fought the insurance company to increase the settlement they had offered and increased by 25 percent – a significant improvement!
To read more about the results we achieve, click here.
Contact The Husband & Wife Law Team for a Free Consultation
If you have been injured in a slip-and-fall accident, your first step should be to contact us for a free case evaluation. We have achieved many high-value settlements for our clients and can advise you about moving forward with legal action against a landlord, employer, or another liable party.
Frequently Asked Questions About Slip-and-Fall Claims
How long do I have to file a slip-and-fall lawsuit in Arizona or New Mexico?
Answer: Arizona's statute of limitations for personal injury is two years (A.R.S. § 12-542), while New Mexico provides three years (N.M. Stat. § 37-1-8). However, if the fall occurred on government or municipal property, formal notice of claim deadlines are much shorter (180 days in AZ under A.R.S. § 12-821.01).
What is "constructive notice" in a slip-and-fall case?
Answer: Constructive notice means a hazard existed for a sufficient length of time that the property owner or management staff should have known about it through reasonable inspection, even if they claim they were unaware of it.
Can I recover compensation if I was partially at fault for my fall?
Answer: Yes. Both Arizona and New Mexico operate under pure comparative negligence rules. Even if you were distracted or wearing improper footwear, your recovery is simply reduced by your percentage of fault.
What evidence should be collected immediately after a slip-and-fall?
Answer: Immediately photograph the exact hazard (spill, uneven floor, lighting deficit), request an incident report from store management, obtain witness contact information, seek immediate medical evaluation, and secure any available security camera footage before it is overwritten.