What Happens When a Trespasser is Hurt on an Arizona Property?
It is the responsibility of property owners, private, commercial, and businesses to maintain a safe environment on their property to avoid anyone getting injured. When injuries occur on a property, the owner is responsible to pay for the damages. There are different types of visitors including:
- Invitees are those that have permission to enter a property. This can be implied permission such as the case for retail establishments for instance, like a clothing store. It can also be with express permission which is direct authorization either verbally or in writing.
- Licensees are people that enter a property for other reasons that do not involve commercial purposes. This could be like inviting a friend over to watch a movie.
- Trespassers are those individuals who do not have consent from a property owner to enter but do so anyway.
If you own private property, land, or a business in Arizona, you may be wondering what happens under Arizona premise liability laws when there is a trespasser who enters your property and ends up injured. An Arizona premise liability lawyer can answer any of your questions regarding your responsibilities as a property owner.
Who is Responsible in Arizona When a Trespasser is Injured on a Property?
When it comes to trespassing, the laws governing property owners’ responsibility can be difficult to navigate. Typically, a property owner won’t be held accountable for the damages sustained to someone entering their property without permission. However, if the landowner deliberately tries to harm another party, then they may be responsible for the damages that a person sustains. If a property owner has a trap on their property intended on hurting those who enter, they could be held liable for injuries.
The other time a property owner can be held responsible for injuries is when children are involved. Because children require more care than a responsible adult, when a child enters a property without consent and is injured, the owner may be found liable. There are things that can attract children and cause them to enter an area regardless of permission. Swimming pools are prime examples. Children love to play in the water and if a pool is open and easily accessed by a child who jumps in and ends up drowning, the owner may face an Arizona civil suit. It is the responsibility of a landowner to take reasonable actions that ensure any property which could appeal to a child is secured for children’s’ safety.
What to Do When You Own a Property in Arizona?
If you own land, a property, or a business in Arizona for the most part you are expected to keep the area safe. If there are hazards, a property owner should have posted signage warning people that may enter. Whether people are on a property through implied or direct permission or no permission at all, property owners should maintain their property for safety. Of course, there are limited exceptions where a property owner may not be found liable. If you or a loved one was injured on another party’s property you may have a valid case for an Arizona premise liability suit. Call the Phoenix serious injury attorneys at ELG today at (623) 877-3600 to schedule your free consultation.