When you’re going to a store, restaurant, or even a hotel, you expect the property to be safe. However, when the owner in charge of the premises doesn’t take care of hazards, then accidents can happen. If you have been injured on another’s property because they had safety hazards and didn’t take care of them or warn you about them, then you may be able to seek justice. While the legal process can be complex, an experienced Phoenix, AZ premises liability lawyer from Buckingham Barrera Vega Law Firm can fight for you.
We’ll protect your best interests and seek maximum compensation on your behalf. Our attorneys will advocate for you, whether that’s through negotiation or if your case proceeds to trial. We’ll be at your side every step of the way.
How Can Phoenix Property Owners Act Negligently?
Property owners have a responsibility to keep their premises safe. When they don’t do this, others on the premises can sustain injuries in an accident. A few ways that owners can act negligently include:
- Fail to Maintain Building. An owner should make sure the floors are clear of spills, the elevators and escalators are in working order, the building has sturdy staircases and railings, and to anchor any carpets so they don’t slip. If the owner does notice a danger but cannot fix it immediately, they need to warn others about it. Neglecting to do these things create possible hazards on the property.
- Fail to Keep Grounds Safe. They also need to make sure the parking lot has adequate lighting and the walkways are clear. If a property owner has poorly lit areas or the sidewalk is covered in ice, someone could sustain an injury.
- Lack of Security. Certain properties should have security guard or cameras to keep the premises safe. If someone is robbed or otherwise assaulted on the premises with negligent security, the owner may be responsible for the injuries and damages.
- Failure to Secure Dog. Pet owners need to be in control of their dog. When they’re off their premises, the dog needs to be on a leash. At home, the dog needs to be secure and not able to leave the property. If dog owners are negligent, their dog could injure someone.
These hazards can cause accidents that happen out of nowhere, but can affect you for weeks or months in the future. A Phoenix, AZ premises liability lawyer can fight for you to get justice when you were a victim of a property owner’s negligence.
What Injuries Can Occur in a Premises Liability Accident?
Premises liability accidents can cause injuries that need immediate care. In some cases, you may need to stay in the hospital or undergo procedures as part of your treatment. Some of the common injuries that occur are:
- Slip and Fall Injuries. Spills, unmarked slippery surfaces, and loose floorboards can all cause situations where someone will slip and fall. These injuries can include brain trauma, broken bones, and soft tissue injuries.
- Burn Injuries. If the premises has faulty wiring or exposed wires, someone could get electrocuted or sustain burn injuries.
- Attack Injuries. In the case of negligent security, someone could have injuries from an assault.
- Dog Bite Injuries. Dog bites can cause infection, tear skin, and dogs can also knock someone over.
- Swimming Pool Injuries. Swimming pools that aren’t secure could be a serious threat, especially to small children. Drowning is one of the biggest concerns when a swimming pool is on the premises.
- Toxic Chemical Exposure. If a property owner knows there is a dangerous chemical or substance on their premises and they don’t take measures to make it safe or warn others, the people exposed could get sick from the exposure.
If you or a loved one sustained injuries like the ones above, you may be eligible to seek compensation. A Phoenix, AZ premises liability lawyer can help you with your case.
Who Is Allowed to Be on a Premises in Arizona?
Arizona premises liability law explains the differences in who is on the property. In certain categories, the property owner owes them a specific duty of care compared to others. The three main categories are invitees, licensees, and trespassers.
An invitee is someone on the premises because they have an invitation to be there. They’re on the premises for a reason connected with the owner or occupier’s business, or as a member of the public visiting a property that is open to the public. Someone going into a clothing store because they might buy something is an invitee. A licensee is someone who is there for their own benefit. They could be there for social reasons. A trespasser does not have invitation or consent to be on the land.
When showing that the property owner acted negligently, those who were invitees may need to do more than prove there was a dangerous condition on the property. They also need to show that the owner knew about the dangerous condition or created it and didn’t take measures to make it safe or warn others about it. The only duty of care owed to a trespasser is to not cause them willful or wanton injury.
However, trespassers could also include children. In this case, the property owner could owe them a duty of care because they have an attractive nuisance on the property—something that could cause a foreseeable situation where the children would want to go on the property. Typical attractive nuisances include swimming pools, other bodies of water, and trampolines. The property owner should take measures to prevent access to these nuisances so possible child trespassers cannot get hurt.
When you’re seeking justice for your injuries, the other side may claim the danger was obvious and that you should have known to avoid it. They could try to reduce your compensation or show that you were at fault for your injuries. Your lawyer will fight for you to get the compensation you deserve.
A Phoenix, AZ Premises Liability Lawyer Can Fight for You
Having a skilled premises liability lawyer on your side will give you the best chance of holding the negligent party accountable for their actions and getting justice. We’ll investigate your case to find what caused your injuries and how your injuries affected you. Your compensation could cover financial losses like:
- Medical Expenses (Past and Future)
- Lost Wages
- Diminished Earning Capacity/Loss of Earnings
- Property Damage
When you’re dealing with the significant financial costs of the losses above, you may feel overwhelmed. But these aren’t the only losses that can contribute to the difficulties of the accident. You may also have the emotional costs of premises liability injuries. We’ll seek compensation that covers these losses, too. They include:
- Pain and Suffering
- Loss of Enjoyment of Life
- Mental Anguish
We’ll build a strong case so you can get the recovery you deserve. If you’re dealing with harassing phone calls from insurance adjusters who are trying to get an official statement from you, our lawyers will handle communication with them so you don’t have to. We’ll make sure they get the information they need about the accident, but not information they could use to use against you.
Get Experienced Representation Today
After an accident occurs, you have a set time limit for when you can come forward to hold the person accountable and seek compensation. You should reach out to our law office as soon as possible for a free case evaluation.
Buckingham Barrera Vega Law Firm stand up for those who have been wrongfully injured because of negligent property owners and managers. Our premises liability lawyers will go over your rights, what happened to you, and how we can fight for your future. We can start working on your claim so you can get the recovery you deserve.
