Visiting someone else’s property can be a normal experience that you don’t think twice about. Often when you enter a business, walk on a sidewalk, or go to a person’s house, you’re not thinking about potentially getting hurt. You’re likely thinking about what you’re buying, where you’re going, or who you’re seeing. Unfortunately, your experience on the premises is not always perfect. Sometimes, hazards and other dangers lead to an accident that injures you.
When that happens, you could use the help of our Gilbert, AZ premises liability lawyer. With our knowledge of premises liability law, we can help you stand up for your rights and get justice for what you’ve been through.
At Buckingham Barrera Vega Law Firm, we understand that a premises liability accident can make you feel like the ground was ripped from under you. When you have one of our lawyers supporting you through your claim, you can feel like you’re back on solid ground.
What Classification of Visitor Were You?
After getting hurt on someone else’s property, you might decide to take legal action against the negligent party to recover compensation for the damages you incurred. When you get legal counsel, they’ll inform you that your status on the property is one of the most important aspects of your claim. Depending on your visitor classification according to the law, your claim could be thrown out or not as successful as you might have initially assumed.
According to Arizona premises liability law, these are the three classifications of visitors on someone else’s property:
- Invitee. When you’ve explicitly invited onto the premises for the benefit of both you and the property owner, you’re considered an invitee. You’re afforded the highest level of care, meaning the property owner should have made safe any hazards on the premises that could harm you, or they should have warned you of the dangers.
- Licensee. Licensees are also allowed on the property, however they’re not explicitly invited. Property owners still owe licensees a duty of care, but not as high a level as an invitee.
- Trespasser. When someone trespasses on property, it means they’re illegally there. This means that the property owner likely doesn’t owe them any care if they’re hurt on the property. The only time the property owner could be at fault is if they purposefully injured the trespasser.
Your ability to recover damages will heavily rely on how you’re classified as a visitor on the premises. You might not be sure which you fall under, which is why it’s so helpful to have a Gilbert, AZ premises liability attorney on your side. They’ll be able to help you determine what your status was while on the property, and what level of care you were afforded.
All of this can be incredibly complicated and impossible to figure out on your own. Having lawyers who answer all your questions is important because then you can fully understand your situation and what you’re owed for your damages.
Who Is Liable for a Premises Liability Accident in Arizona?
Other than your classification as a visitor while you’re on the property, there are other aspects to liability in a premises liability accident. The property owner is likely the party who will be held responsible for these actions, although that’s not always the case. It could be a property manager, or another party who is in charge of the premises at the time.
When filing a claim, your premises liability lawyer will need to prove that the property owner created an unsafe condition that led to your injury. Or you need to prove that they failed to find a hazard that they reasonably should have known about, or they failed to correct the problem of that hazard and make the premises reasonably safe for visitors.
Even though it was likely the fault of the property owner, they could try to argue that you were also at fault for what happened because Arizona follows comparative fault laws. This means that they could fight to get your compensation reduced by the percentage you’re determined to be at fault. For example, if you were distracted, or should have seen the hazard and avoided it, they might be able to argue that you are partially at fault.
They could also argue that you created the dangerous condition, which would make the accident your fault. These options and complications all prove why you need the help of our Gilbert, AZ premises liability lawyer. We’re here to prove you weren’t at fault and get you the full and fair compensation you deserve.
Different Types of Premises Liability Accidents in Gilbert
Your attorney will also need to know what happened. The details of the accident will be vital in determining who was at fault and exactly what caused your injuries and other damages. There are certain kinds of situations that more frequently cause injuries on someone else’s property. Here are some of the most common types of premises liability accidents:
- Slip and fall
- Poor lighting
- Falling objects
- Sharp objects
- Torn carpeting and broken floors
- Electrocution accidents
- Swimming pool accidents
- Dog bites
- Negligent security
What happened to you could be in this list, or you might not see your experiences listed above. Speaking with a premises liability attorney can help you determine if what you went through could be a lawsuit against the other party. At Buckingham Barrera Vega Law Firm, we’re here to help you figure out what went wrong and what legal options you have.
Buckingham Barrera Vega Law Firm Will Help You with Your Claim
When you’ve been hurt on someone else’s property and it wasn’t your fault, you shouldn’t have to deal with the outcomes on your own. The injuries, damages, and costs you sustained can feel like they’re too much to handle on your own, which is where our Gilbert, AZ premises liability lawyer can help. We’ll take over the legal side of things so that you can focus on your physical and emotional recovery.
Reach out to our firm today so we can schedule a free consultation and discuss your legal options.