Loose or curled mats cause entryway falls more often than people think, especially in busy buildings. A fall at a store, apartment or medical office can change your life and lead to months of medical treatment and missed work. Fortunately, courts in Phoenix Arizona maintain fairness when evaluating damages after an injury.
How courts assess damages after a mat-related fall
Arizona uses the pure comparative negligence standard, so you can still recover money even if you share some fault for a fall. For example, if a jury finds $10,000 in damages but says you were 20% at fault, the judge reduces the award to $8,000. That award reflects your share of responsibility while still letting you collect the rest.
Businesses cannot avoid responsibility just because a hazard looks obvious and expect you to have seen it. Judges check whether the property owner should have expected someone to get hurt. If the owner ignored the problem despite knowing the risk, the victim can still hold the business responsible.
Categories of recoverable damages
In Arizona, damages fall into two groups: economic (documented, out-of-pocket costs) and non-economic (subjective harms). These are the types of damages you may be able to recover:
- Medical expenses: Emergency room (ER) visits, surgery for fractures and physical therapy. The court adds up all reasonable and necessary medical bills.
- Lost earnings: Time missed from work or reduced earning capacity. Use paystubs to prove past loss and expert testimony to estimate future loss.
- Pain and suffering: Physical pain and emotional distress from the injury. Courts often apply a multiplier to medical bills or use a daily rate to estimate this amount.
- Loss of enjoyment: Inability to play with grandkids or take part in local hobbies. Support this claim with personal testimony and before-and-after witness statements.
If you are unsure if your situation qualifies, a premises liability lawyer or damages expert can help you put numbers on these categories for your claim.
The “Thin Skull” rule
Arizona jury instructions mandate that if an older adult suffers a permanent injury (like a hip replacement) from a fall that might have only bruised a younger person, the defendant is responsible for the entire injury. This means property owners cannot argue that the victim was simply too fragile.
What you should do after your fall
After a mat related fall, the first steps you take can affect both your recovery and any claim. Preserve evidence and talk to a skilled attorney early so they can assess if your injury qualifies for a claim. Remember that you deserve fair compensation and help to protect your rights.