Premises Liability Attorneys in Yuma, Arizona
Are you looking for a premises liability attorney in Yuma? Contact ELG for assistance with your personal injury claim.
When we’re visiting the private property of a friend or family member, we usually feel safe and secure. But at times, property owners who don’t care about the safety of others will allow dangerous situations to occur and persist. In the state of Arizona, property owners are legally required to keep their grounds safe for visitors. When a person becomes injured as a result of an owner’s failure to maintain their property, the injured party may wish to hold them responsible.
At ELG, our committed team of bilingual Spanish-speaking premises liability attorneys understands the fear and stress that being injured on somebody else’s property can bring. Let us help you hold those who are responsible for your injuries accountable for your actions. Call ELG today for a free, no-obligation, and confidential consultation.
What Is Premises Liability?
Premises liability is the area of law that holds a landowner, someone who possesses property, or someone tasked with maintaining that property liable for injuries that take place on the property. When an injury is sustained on another person’s personal property or at a business as a result of the negligence of the property owner, they will be held responsible regardless if they were not directly involved in the accident. Property owners have the duty to get rid of any hazards or mark off any dangerous areas as soon as possible to make sure that their guests stay safe.
If you get injured at a grocery store, the business owner may be held responsible for your accident and injuries. This means that they might be responsible for emotional hardships, medical expenses, lost wages, and other expenses that could be related to your accident and recovery. Our dedicated team of Yuma premises liability attorneys is here to answer any questions you have about your situation and ensure that you receive the maximum compensation that you deserve.
What are the Levels of Care for Visitors?
Property owners, landlords, and business owners owe a duty of care to others on their property under Arizona law. There are laws in Arizona that set forth three different categories of property visitors. These categories are invitees, licensees, and trespassers. The levels of care for adult visitors are as follows:
- Invitees- Invitees include visitors like a maintenance worker, business customer, or solicitor who are on the property specifically for commercial reasons. Property owners are required to provide any warnings of dangerous conditions on the premises.
- Licensee- Licensees are visitors who are invited to the property as the owner’s guests. These include social visitors, friends, or family members. If an accident were to occur, the property owner would be held responsible if they were aware of a dangerous condition on the property without giving a proper warning. It is up to the property owner to determine what a proper warning would be depending on the situation.
- Trespasser- Any person who is on the property without permission of the property owner is a trespasser. Trespassers can hold the property owner responsible for their injuries only if the property owner deliberately injured the trespasser.
Because younger children don’t always know the difference between right and wrong, Arizona has a separate set of standards for premises liability, which includes:
- Child Licensee- A property owner may be held responsible for a child guest’s injuries if the child was not given a proper warning by the property owner of any dangerous conditions on the property. This warning will depend on the child’s level of intelligence, ability to comprehend the warning, and if the dangers on the property were properly concealed.
- Child Trespasser- Sometimes, a child licensee can enter a part of a building that they were not meant to enter, making them a child trespasser. The property owner can still be liable to a child trespasser’s injuries if they knew that a dangerous condition existed and failed to use care to protect potential child trespassers from any harm.
If you or a loved one were seriously injured in a premises liability accident in Yuma, you’re going to need the help of a dedicated premises liability attorney. Our team at ELG prides itself in the excellence of the services we offer to our clients. If you have any questions about your accident and wonder if you have a premises liability claim, give us a call today for your free consultation.
How to Determine Negligence in a Premises Liability Claim
Premises liability claims are a type of personal injury lawsuit. It must be proven that the defendant was negligent in his or her handling of the property to succeed with a premises liability claim. This requires proving three elements of negligence- duty of care, breach of duty, and causation.
Duty of care can be defined as a person’s legal obligation to not place another person in harm’s way or not injure them. Everyone has a duty of care to others around them, including store owners and managers. They have a duty of care to create a safe work environment for their employees and a safe shopping experience for their customers. It is the job of the store owner and manager to make sure that all hazards like spills and broken floor tiles are removed and fixed.
When a person allows a dangerous condition to persist or creates a dangerous condition, this is considered a breach of duty. If a store owner notices a broken floor tile that has been there for an extended amount of time and somebody falls and gets injured due to the broken tile, then the store owner breached their duty of care to that individual.
Once it has been proven that a defendant had a duty of care to the plaintiff and that duty was breached, the next step in proving negligence in a premises liability case is to prove that the plaintiff’s injuries were directly caused by the fall due to the owner’s negligence. The store owner in the above example could claim that the plaintiff broke the tile themselves, that the tile was never broken, or that the plaintiff was wearing improper footwear.
If you or a loved one had been seriously injured due to hazardous conditions on someone else’s property, you may have the right to demand compensation. The knowledgeable team of bilingual Spanish-speaking Yuma premises liability attorneys at ELG is here to answer any questions you may have about your situation and can help you determine if you have a premises liability case. Call us today for a free consultation with one of our specialized attorneys, or you can schedule a consultation on our website at your earliest convenience.
How can a Yuma Premises Liability Accident Affect Me?
Premises liability accidents can cause some of the most drastic changes in a victim’s life, whether the injuries are temporary or permanent. Some of the most critical changes that can happen due to a premises liability accident include:
- Long recovery- Most premises liability accidents lead to broken bones and other types of serious injuries. Some injuries can take up to months to heal. Something like a broken ankle can take 2 months or longer to heal, which could make it extremely difficult to do any activities like walking, working, and exercising.
- Time lost at work- Reports from the National Flooring Safety Institute (NFSI) indicate that nearly one-quarter of all slip and fall accidents that happen annually leave the victim out of work for at least 31 days. For many people, this can be a severe problem, especially if you were hurt outside of work and are unable to pay bills during your recovery.
- Permanent disability- Any premises liability accident can lead to serious injuries such as a spinal cord injury that could never fully heal. Permanent disabilities as a result of an accident can leave you unable to work, take care of yourself, or live a normal happy life.
- Death- It may be difficult to imagine that you could die from getting injured on private or public property. But if your accident causes you to hit your head on the ground, or causes you to tumble down a flight of stairs or an escalator, death is scary, but a very real possibility.
Working With a Premises Liability Attorney in Yuma
Premises liability accidents can lead to serious and even life-threatening injuries. The costs related to these injuries can be devastating when you consider medical expenses, lost wages due to your inability to work, and possible therapy or rehabilitation. You don’t have to suffer through the added stress alone, our compassionate team of Yuma premises liability attorneys at ELG is here to help. With over 55 years of combined experience, our experienced bilingual team of Spanish-speaking attorneys is dedicated to being supportive and excelling in all aspects of the services we provide for our clients. Call us today at (623) 877-3600 for a free consultation with an attorney or schedule your consultation on our website at elgphx.com at your earliest convenience.