How does the court determine liability in a slip and fall case?

In Arizona, when determining liability in a slip and fall case, a court will consider a variety of factors. The first factor is whether the defendant, often the property owner, had a duty of care to the plaintiff, the person who slipped and fell. To meet the duty of care, the defendant must have taken reasonable steps to make sure the premises were safe for visitors and warn any visitors of the potential danger, such as wet floors or objects on the ground. The court will then look at whether the defendant breached that duty of care. In other words, did they fail to exercise reasonable care to protect the plaintiff? If they did, the court will assess whether that breach of duty caused the plaintiff’s injuries. To prove this, the plaintiff must show that their injury would not have occurred without the negligent action of the defendant. Finally, the court will assess whether the plaintiff contributed to their own injury, either through their own negligence or by failing to exercise reasonable care themselves. Under the law of comparative negligence, if the plaintiff is found to be partially responsible, their damages can be reduced accordingly. In sum, when determining liability in a slip and fall case, the court in Arizona will assess whether the defendant had a duty of care to the plaintiff, whether they breached that duty of care, and whether the plaintiff contributed to their own injury. If negligence is found on the part of the defendant, they may be held liable for the plaintiff’s injuries.

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How does the court determine liability in a slip and fall case?

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