Premises Liability Law Firm in Arizona
As a property owner – be it home or business – it is expected that the individual will ensure the safety of the property for themselves, invited guests, and even, in some cases, those who have trespassed on the property.
When someone gets injured on a property, there are laws in place that protect that person, particularly if the property owner has not met specific requirements. In Phoenix, owners, as well as those who are occupying a property, are responsible for preventing injuries to people who enter that property.
This means that owners should monitor their property for any dangers and once made aware of any dangers, make every effort to fix them before others enter the property. Should there not be adequate time to make such repairs, the owner needs to communicate – either verbally or with a sign or demarcation – that a safety risk exists in the home or business. An owner who does not meet these requirements can and should be held liable for any injuries that occur as a result.
If you or someone you love has been injured in a premise liability accident, you need to speak with a skilled and knowledgeable personal injury lawyer who has experience and the resources needed to handle these types of complex and complicated claims. Call the legal professionals at Escamilla Law Group today speak with an attorney who specializes in premise liablility accident cases and can explain all of your legal rights.
Who Does Premise Liablity Cover?
Premises liability covers several classes of individuals including:
- Invitees – These are individuals who enter a property, typically a business, with a business purpose. A good example of this is visitors or patrons of a gym, coffee shop, or place of worship.
- Licensees – This typically applies to private homes where guests are invited to the property for a social function or gathering.
- Trespassers – Someone trespassing has fewer rights than someone who is an invited guest on the property. Note that usually special consideration is made if that trespasser is a child. A child may be enticed or wander onto a property without invitation and get injured by something that the property owner should have fixed; this would classify as premises liability.
The law also requires that property owners notify guests of the potential for injury. For example, a cracked sidewalk where you could trip or fall, or an area where standing water is not draining and could cause you to slip.
If property owners are aware of such issues, it is imperative for them to take action and repair these issues. If it is shown that the property owner was aware of these potential hazards, and did not promptly work to fix them or put up the appropriate warning signage, there is an even greater likelihood that you will receive compensation for your injuries.
For many reasons, individuals who have been injured in a case of premises liability decide it is valuable to obtain legal support. The team at Escamilla Law Group has worked with individuals throughout Arizona who have been injured on either business or personal property due to the negligence of the property owner. We believe that if you are injured due to someone else’s negligence, you absolutely deserve compensation and representation. Speaking to one of our skilled and dedicated premise liability lawyers can help you quickly determine if your claim is viable. We will outline the process and next steps, as well as help you understand the range and likelihood of compensation in your case.
Why You Should Hire A Lawyer After Premises Liability Injury in Arizona
One of the best reasons to hire a lawyer after an injury on someone else’s property is because, often, the person from whom you are seeking compensation is someone that you know. In many instances, there may be a temptation to dismiss this as an accident. However, these injuries can be quite serious with lasting damage that leaves the victim off of work, facing mounting medical bills, or even worse. You deserve compensation for these expenses.
Regardless of your relationship with the property owner, if your injuries are serious amd they if they were not your fault, and if you believe that the property owner had time to fix the damage and could have warned you, you need to contact a premises liability lawyer. The statute of limitations, the time limit by which you need to file your claim, starts from the date of the incident. Scheduling a free consultation with the legal team at Escamilla Law Group will ensure you are fully and fairly compensated for the injuries you sustained in the incident.
What To Do After You Are Injured on Someone Else’s Property
If you or someone you love has been injured on someone else’s property in Arizona, you need to do the following:
- Whenever you are injured on a property that is not your own, you should take note of the conditions around you.
- Document the scene your accident. If you need immediate medical treatment, ask someone to do this for you.
- If the business owner mentioned that there was something broken or that might hurt you, or if there was caution tape, a sign, or another marker around a hazard, document if it was there. You should also document the absence of any of these conversations or warnings.
- Take photos of the scene and get the contact information of any witnesses.
- Seek medical treatment, either immediately for emergent issues or after the fact to confirm that you do not have any underlying issues that may arise later as a cause of the accident.
- Do not accept any blame for the incident or any ensuing injuries.
Requirements For Property Owners to Avoid Premises Liability Claims in Phoenix & Mesa
Arizona has many laws and regulations in place to protect property owners, their customers, invited guests, as well as uninvited guests or trespassers who are injured on another person’s property because of negligence on the part of the property owner.
What Business Owners Are Required To Do For Their Customers – Arizona law requires that business owners warn customers regarding any dangerous conditions on the property. Examples of this type of hazard include uneven flooring, a broken handrail, or uneven step. Businesses are considered liable if:
- There was knowledge of the dangerous condition
- The hazard was the result of an employee
- The condition existed for a period long enough that someone should have discovered it
What Property Owners Are Obligated To Ensure For Their Guests or Licensees – Property owners are required to warn their guests of any non-obvious hazards. Examples of this include exposed wiring, an open grate, or missing railing. If children are visiting the premises, the expectation of communication is increased as the law acknowledges that children may not recognize the dangers that would be apparent to an adult.
What Property Owners Are Obligated To Do For Trespassers- In many instances, property owners are not responsible for any injuries that occur to trespassers, unless they have deliberately caused the injury – setting a trap for the trespassers with the intent to harm.
When it comes to child trespassers, the law protects child injuries, placing the liability on the property owner. A child who is attracted to something on the property or who wanders onto the land and is then injured is protected by the law. An example of this would be if a pool is ungated and a child falls in and is injured or drowns.
Business Owners Liability to Keep Premises Secure- A subset of premises liability, negligent security is one way that residents in Arizona are protected from harm. Landowners are required to keep their premises adequately secure helping to ensure that there are no attacks on individuals on their land. This covers properties that may have poor lighting in an alleyway or an apartment building where the exterior locks or gates are not secured.
Regardless of why you were on someone else’s property, if you were injured due to the owners’ negligence, you deserve experienced representation and compensation. Working with the team of dedicated premise liablity lawyers at Escamilla Law Group, you are supported by a team that has represented injured victims in similar cases and know thelaws by which you are protected. Contact us today to book an initial consultation and tale the first step to understanding your rights and settling your injury claim.
What Type of Injuries Are Considered Premises Liability Claims In Arizona?
There are many types of building safety maintenance and security issues that could ultimately result in a premises liability claim. This is only an illustrative list of the many hazards that are subject to this protection. For more information regarding your specific injury and to see if you may have a valid premises liability claim, click here.
- Loose floorboards
- Wet floors
- Holes in walls or the floor
- Unsecured or unstable furniture
- Low or broken lighting outdoors (parking garage)
- Broken exterior locks in apartment buildings
- Inadequate security
- Malfunctioning escalator or elevator
- Toxic chemicals and fumes
- Equipment malfunctions
- Exposed wiring
- Large or unseen puddles and standing water
- Lack of railing on stairs, landings, balconies, and ledges
- Loose or broken floorboards
- Broken elevator
- Exposed sharp objects
Why Work with Escamilla Law Group
Escamilla Law Group has a reputation throughout Mesa and Phoenix and all of the surrounding areas as one of the best personal injury law firms in Arizona. In fact, we only handle personal injury cases. When it comes to personal accident injuries, we are diligent in ensuring that our clients are represented and compensated for their injury. Our bilingual attorneys understand the stress these trying times cause our clients. It motivates us even more in ensuring you win your case. The core values of our organization were created to serve clients in need, just like you. We do our best – and we do not receive a penny unless you do.
Our initial consultation takes very little of your time and will help us understand the specifics of your claim. We will explain the next steps and process from there and we will give you an understanding of what we anticipate the outlook of your case to be. Best of all, you get to meet our lawyers and determine if we are the right fit for you. Click here to schedule.
Premises liability is a legal concept that typically comes into play in personal injury cases where the injury was caused by some type of unsafe or defective condition on someone’s property.