Practice Areas
Premises Liability
Phoenix Premises Liability Lawyer
Know Your Rights After a Property Injury
When you are injured as a result of a dangerous condition on someone’s property, you may have legal rights to help you receive financial compensation for your losses. This can include any time lost from work, to pay for medical care, and to compensate you for lasting pain. Yet, there are laws that govern whether or not the owner is responsible and outline specific deadlines to file your claim.
Legal Help After a Premises Liability Accident
If you or someone you love has been hurt due to negligence on someone else’s property, the experienced premises liability lawyers of Hastings & Hastings are here to help. Schedule your free case review with our Phoenix personal injury attorneys to learn how we can help you with your case.
What Is Premises Liability Law in Arizona
If we break “premises liability” down to its most basic form, we have two words: premises and liability. Premises refers to property, a business, a home, etc., while liability means being responsible for something because the law states that a person (or a business) holds that responsibility. From there, a lot of nuance is involved.
However, when we talk about what premises liability means, we can summarize it by stating that someone (including a business) has or had a legal obligation to keep the property reasonably safe for people who are allowed to be on the premises.
Property Owner Duty of Care
In Arizona, property owners owe a duty of care to people who have a legal right to be on their premises, such as customers at a store or guests at a private residence. This duty of care means that property owners are obligated to make reasonable efforts to inspect their property for potential hazards, repair any known dangers, warn visitors of possible risks, and maintain the standards of safety expected by law. The level of care required depends on the status of the injured party.
These are the individuals who have been granted permission by the landowner to enter the property. Common examples include customers in a store or guests at a wedding venue. Property owners have a duty to keep their premises reasonably safe for invitees, which may include regular inspection and maintenance.
These visitors are usually friends or acquaintances invited onto an individual’s property for pleasure. Examples include a neighbor stopping by for a chat or BBQ attendees. While landowners are not required to scrub their property for hazards before the licensee’s arrival, they are required to warn the visitors of any potential dangers that they’re aware of.
Trespassers are not granted permission to be on the property. Generally, the landowner does not owe any duty of care to these visitors. The only thing that must be done is to “refrain from causing willful or wanton injury.”
There is a significant exception when it comes to child trespassers. While property owners usually owe no duty of care to trespassers, an exception applies when the trespasser is a child. Child trespassers may be entitled to some protection based on the attractive nuisance law. This law obligates landowners to secure potentially hazardous attractions, like swimming pools or trampolines, that might beckon curious children. So, it’s essential to “childproof” a property, minimizing the risk of accidents and keeping the community safe.
Common Examples of Phoenix Premises Liability Claims
Some of the most common premises liability claims that occur in Phoenix include:
- Slip and fall accidents
- Dog bite injuries
- Swimming pool accidents
- Escalator injuries
- Elevator injuries
- Falling merchandise
- Resort injuries
- Negligent security
- Unmarked wet or slippery floors
- Poor lighting conditions
- Broken or missing railings or staircases
- Dead trees
- Dead branches
- Loose roofing materials
Common Injuries in Premises Liability Cases
When we enter someone’s property, we usually expect to be safe and not experience any harm. Unfortunately, accidents can happen, and in some cases, they may result in severe and life-altering injuries.
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Traumatic Brain Injuries
TBIs are life-threatening and can leave a person with long-term cognitive impairment. They are often caused by an unexpected impact, such as a slip and fall or being struck by a falling object. Our Phoenix brain injury lawyers can help with these injury claims.
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Neck and Spinal Cord Injuries
These injuries can severely impact a person’s mobility and quality of life. Depending on the severity, spinal cord injuries may result in partial or complete paralysis.
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Paralysis
Paralysis is the loss of muscle function and sensation in some parts of the body. It can arise from premises liability accidents such as falls from heights or accidents involving heavy machinery..
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Scarring and Disfigurement
Scarring and disfigurement can occur from injuries that cause severe skin damage, leading to emotional distress and long-term medical care.
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Broken Bones / Fractures
Serious falls or impacts can lead to broken bones and fractures, which may require surgery and extensive rehabilitation.
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Internal Bleeding and Organ Damage
Serious accidents can lead to ruptured organs and internal bleeding, causing life-threatening conditions if not treated immediately.
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Wrongful Death
There is no loss greater than the life of a loved one. In some cases, victims of premises liability injuries will eventually succumb to them, leaving their families with substantial medical bills and expenses, all while trying to handle their grief over their loss. A wrongful death claim can help recover compensation for these expenses.
Who Is Responsible for Premises Liability Claims in Phoenix?
Responsibility for a Phoenix premises liability claim means determining who is legally liable for what happened to you. The short answer is that any person involved in creating the hazard or dangerous condition that caused your claim may become a defendant.
For example, if you slipped and fell at a grocery store, and the store has a policy requiring employees to place caution signs around wet or slippery areas, the person who knew about the wet floor but failed to put out the signs may be liable. Management and the store owner may also be liable because of the dangerous condition. A premises liability lawyer can help determine liability in your particular case.
Compensation For Phoenix Premises Liability Claims
The most common types of compensation that are awarded from premises liability accidents include the following:
From emergency room visits to physical therapy, medical treatment costs after an accident can rise quickly. In premises liability cases, the property owner or their insurance company may be responsible for covering medical care, including necessary ongoing treatments such as therapy or rehabilitation.
When you are unable to work due to an injury sustained on someone else’s property, the liable party may be responsible for compensating your lost wages. This includes wages lost during recovery and future earnings you may lose if your ability to work has been permanently affected.
Although it is impossible to put a precise value on emotional distress and pain after an accident, courts recognize the importance of compensating victims for these non-economic losses. Compensation may account for the mental and emotional impact the accident has had on your life.
Beyond medical expenses and lost wages, many accident victims face out-of-pocket expenses related to their injuries. These can include transportation to and from medical appointments, specialized equipment, or home modifications. In a premises liability case, you may be entitled to reimbursement for these costs.
In some cases, punitive damages may be awarded to punish property owners for particularly egregious conduct. However, in Arizona, punitive damages are rarely awarded in slip-and-fall cases and usually apply only in extraordinary circumstances.
Proving Your Premises Liability Claim
To prove a premises liability claim, you and your Phoenix premises liability lawyer must show the required elements of the claim.
Liability Existed
You must show that someone had legal responsibility for the property or dangerous condition.
The Unsafe Condition Caused Your Injury
You must show that someone had legal responsibility for the property or dangerous condition.
You Suffered a Loss
You must show that you suffered a loss because of the injury, such as medical expenses.
You pay nothing upfront and nothing out of pocket. Hastings & Hastings only gets paid if your case results in a recovery.
Hastings & Hastings is known for its 29% settlement fee, giving clients a more affordable way to get experienced legal representation.
Compared to firms that charge 33.33%, our lower fee structure gives Hastings & Hastings a meaningful cost advantage.
Free Consultation
Talk with Hastings & Hastings about your case
If you were hurt in an accident, our team is here to listen, answer your questions, and help you understand the next step.
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