Arizona is a comparative fault state˳ This means, in Arizona everybody is held responsible for their share of the injury that was caused˳ Therefore, you will often see cases where even though the owner of the property created a dangerous condition or allowed it to exist and it therefore caused an injury, they will still argue that the person who fell should have paid more attention and should have been able to avoid the injury˳
Therefore, we get into a question of comparative fault for a personal injury claim relating to a slip and fall accident˳ If somebody were to believe that since the owner or possessor of land knew about the condition-or even created it-that they have the majority of responsibility but felt that the person who fell had a small amount of responsibility, then how does that work in terms of compensation for the person who was injured?
The way it works is that everybody is responsible for their exact percentage of fault˳ If the person who fell is found to be 20 percent at fault and the person who owned the property is found to be 80 percent at fault, the person who was injured loses 20 percent of the compensation that they would have otherwise received˳
You can expect that in almost every case-even where it should not be done-a negligent dependent will try to blame the person who was injured˳ They will almost always make this argument because they can argue that “you should have looked where you were going”, or something along those lines˳ Even 10 percent of fault on the person who was hurt has a significant impact on the amount of compensation actually received by the injury victim˳
We all have a responsibility to avoid causing injury to other people˳ The person who owns property holds that same duty to others˳ To enforce this point, Arizona has passed what is known as the APSA laws˳ The “Adult Protective Services Act” in Arizona is created and designed to help make sure that those who live in nursing home and assisted care facilities in Tucson, Phoenix, and throughout the state of Arizona are protected˳ These laws can be used to hold caregivers accountable for their actions in slip and fall cases, among other incidents as well˳
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