Property owners have a legal duty to ensure that their premises are safe for others who may enter the property. Failure to uphold this important duty can expose a property owner to civil liability.
The Yuma premises liability lawyers at Phillips Law Group have decades of experience representing Arizona residents who have been injured on properties that were not properly maintained. Collectively, we have recovered $1 billion for our clients, including a $1 million dollar settlement for a client who was paralyzed after suffering a broken neck and collarbone in a premises accident.
Our lawyers are available to discuss the specific circumstances involved in your claim during a free initial consultation. We can determine whether you may have a case and explain the legal options that are available to you. Since we accept premises liability cases on contingency, you will not be charged for our services unless we recover compensation on your behalf.
Call us today at: 602-222-2222 to schedule your free case review.
Do I Have a Premises Liability Case?
There are certain legal elements that you must establish to prove the property owner acted in a negligent manner. These include:
Duty of Care
You must be able to establish that the property owner had a duty to maintain a safe premise. The duty of care is based on your legal status on the property at the time of your injury. (See below).
Breach of Duty
Next, you must be able to prove that the property owner breached the duty of care he or she owed you.
Causation
You must be able to establish a direct link between your injury and the property owner’s breach of duty. This is the most difficult element to establish and will usually require a detailed investigation to determine the factors that contributed to your injuries.
Damages
Finally, you must be able to prove that you suffered damages as a result of the breach of duty. For example, you may have fallen on someone else’s property, which caused you to incur medical bills and miss work.
Proving negligence in a premises liability case is often difficult. This is why we recommend hiring a knowledgeable Yuma premises liability lawyer to help ensure your legal interests are protected.
Call 602-222-2222 now to set up a free consultation.
What is the Value of My Premises Liability Case?
Every premises liability case is different, so it can be difficult to put a number on the potential value of your claim. During a free consultation, our Yuma premises liability attorneys will be in a better position to give you a more accurate idea about the potential value of your claim. They will consider the damages that you have sustained, such as:
Medical expenses
Funeral and burial costs
Lost wages
Loss of earning capacity
Physical pain and suffering
Mental anguish
Emotional trauma
Loss of companionship
Our lawyers will also talk to you about Arizona’s comparative negligence statute and its potential impact on your claim. This law states that if you are partially at fault for the accident, you can still pursue compensation against the negligent defendant, but the amount of your damages will be reduced by your percentage of fault.
For example, if you were found 20% at fault for the accident and the total amount of the award is $100,000, you would receive the award minus 20 percent, or $80,000. Our Yuma premises liability lawyer will work hard to diminish your degree of fault and emphasize the defendant’s negligent behavior to preserve a higher value for your claim.
Types of Premises Liability Claims
While each premises liability claim is different, many of them are based on the following grounds:
Failure to warn ”“ In these situations, the property owner knew about a hazardous condition that was not obvious to others and failed to warn visitors about it
Failure to maintain ”“ The property owner may be under the legal obligation to routinely check his or her property for potential hazards and to promptly correct them
Created a dangerous condition ”“ In other situations, the property owner may have done something on his or her property that created a hazard to others
Legal Status on the Property
An important factor in premises liability cases is whether you had a right to be on the property at the time of the accident, and if so, under what status. Different legal statuses include:
Invitee ”“ An invitee is someone invited on the property by the owner, usually for the owner’s pecuniary gain. The property owner is required to notify the invitee of a dangerous conditions on the property if he or she is aware of a potential hazard, an employee caused the condition, it was there long enough that the owner should have known about it.
Licensee ”“ Social guests or other visitors who are given permission to be on the property for non-commercial reasons are licensees. The property owner must notify licensees of any known hazards on the property.
Trespasser ”“ A trespasser enters a property without permission. Property owners are usually only responsible for injuries trespassers experience on the property if the property owner intentionally harms the trespasser.
Child trespasser ”“ The property owner may owe a higher duty of care to a child trespasser, which the law protects because children may not recognize dangers as easily as adults do.
If you would like to determine what your legal status was at the time of your injury, contact an attorney at Phillips Law Group to review the details of your incident.
You can reach us anytime, night or day at: 602-222-2222 .
Types of Premises Liability Claims We Handle
Premises liability claims are based on the presence of a dangerous condition on a residential or commercial property. Our firm routinely handles premises cases involving the following:
Slips and falls accidents ”“ Customers in stores may fall because of spills that have not been cleaned up or poor lighting may lead to a fractured ankle while visiting a friend.
Construction site injuries ”“ Work zones and construction sites are particularly dangerous, which has led to the passage of many federal and state safety regulations. If these regulations are not followed, multiple parties may be legally responsible for the injuries that result.
Negligent security ”“ A property owner may be responsible to take security measures to ensure the safety of its customers, such as adding locked gates, hiring security guards or installing surveillance equipment. If a customer is harmed by criminal activity while on the property, the property owner may be liable for these injuries.
Swimming pool accidents ”“ Property owners are required to provide reasonable protection to protect their pools from unknown child trespassers.
Dog bites ”“ Property owners in Arizona are held liable if their dog bites another person who is legally on the property regardless of whether the owner was negligent.
Fires ”“ Property owners are required to provide appropriate safety measures in case of a fire, including installing fire escapes, fire extinguishers, ladders or alarms.
Toxic chemicals ”“ Property owners are responsible for protecting the public from any known deadly toxins that may exist on their property.
Filing Deadlines for Premises Liability in Arizona
Arizona Revised Statutes 12-542 states that you generally have two years from the date of the accident to file a personal injury claim. However, there are some exceptions to this time limit, which may require you to file sooner. In other cases, a deadline could be extended. Hiring an experienced personal injury attorney helps to ensure you do not miss any important deadlines and you are made aware of your legal options.
Premises liability cases are often complicated and having a knowledgeable lawyer on your side can make all the difference. Our Yuma premises liability lawyers offer a free consultation and charge no upfront fees. We will review your potential claim and discuss your legal options during your confidential claim review. If we represent you, we will investigate, gather evidence and obtain witness statements to optimally position you to obtain maximum compensation.
