Phoenix Premises Liability Attorney

Premises Liability Laws in Arizona

Under Arizona law, property owners, business owners, and landlords owe a duty of care to others on their property. Specifically, Arizona establishes laws regarding three different categories of people who visit a property. Whatever classification you fall into, our firm can discuss your options for pursuing compensation.

Property owners owe a duty of care to:

• Invitees
• Licensees
• Trespassers

Invitees are those with expressed or implied permission to enter the property for business reasons. This may include customers at a movie theater, car repair shop, or grocery store. Property owners owe invitees the highest duty of care. By law, they are required to maintain the property in a reasonably safe condition, regularly inspect for hazards, warn invitees of unreasonably dangerous conditions, and promptly address any dangers. This may include slippery floors, broken railings, or other hazardous conditions on the property. 

Licensees refer to anyone who visits a property with permission for non-business reasons. For example, if you go to a friend’s house for a barbecue, you are considered a licensee. Arizona premises liability laws state that property owners must warn licensees about any concealed dangers or hazardous conditions on the property. For child licensees, property owners must take extra precautions to provide adequate warnings of hazardous conditions and take necessary steps to protect the child. However, the duty is generally lower than that owed to invitees, and the owner is not necessarily required to actively inspect for hazards. 

Property owners typically owe no duty of care to adult trespassers (those who enter the property without permission). However, they may be held liable if they willfully or wantonly injure the trespasser. Furthermore, landlords owe a duty of care to child trespassers. The court must prove that the property owner knew a dangerous condition existed, knew that a child was likely to trespass near the condition, and failed to use reasonable care to protect the child from harm. Children do not always have the ability to understand or appreciate the dangers of certain conditions. Thus, landlords may be held liable for injuries to child trespassers. 

Arizona Statute of Limitations for Premises Liability

The time limit for initiating a premises liability claim is 2 years from the date of the injury. If the individual who suffered the injury passes away due to those injuries, the statute of limitations becomes 2 years from the date of the person's death.

How to Pursue Compensation for Premises Liability

Arizona laws set forth specific provisions for how to pursue compensation for premises liability claims. In order to seek a financial settlement from a property owner, you must prove one of three things. With our Phoenix premises liability lawyer, you can receive thorough legal services as you file the claim and build your case. 

In a premises liability case, you must prove that either:

• The property owner created the dangerous condition
• The property owner knew the dangerous condition existed
• The condition existed for a period of time sufficient for the property owner to discover it

If you can provide evidence to support one of these claims, you may be able to seek compensation. If a property owner knew of a dangerous condition and negligently failed to remedy it or adequately warn you about it, they may be held liable. Whether you were injured in a slip and fall accident, or you faced injury from a dangerous condition like loose floorboards or exposed electric wires, our firm can passionately represent you.

Types of Compensation to Recover

You may be entitled to financial compensation for the following: 

• Medical Expenses: Reimbursement for healthcare costs related to injuries suffered on the premises.
• Lost Wages: Compensation for income lost due to the inability to work during the recovery period.
• Pain & Suffering: Damages for physical and emotional distress resulting from the premises liability incident.
• Disability or Disfigurement: Additional compensation for long-term disabilities, disfigurement, or scarring.
• Loss of Consortium: Damages awarded to a spouse or family member for the loss of companionship or support.

Who Can File a Premises Liability Claim?

In an Arizona premises liability claim, the person who can file a claim is typically the individual who suffered injuries or damages due to the negligent actions of the property owner or occupier. The injured party, often referred to as the plaintiff, has the legal standing to initiate a premises liability lawsuit. 

Injured Individuals:

• Anyone who sustains injuries on someone else's property due to negligence may file a premises liability claim. This includes individuals classified as invitees, licensees, or even trespassers under certain circumstances. 

Legal Representatives:

• In cases where the injured party is unable to file a claim themselves, such as if they are a minor or incapacitated, a legal representative or guardian may file the claim on their behalf. 

Family Members:

• In some jurisdictions, certain family members may have the right to file a claim for damages associated with the injuries of their loved ones, particularly in cases of wrongful death or loss of consortium. 

Frequently Asked Questions

What Should I Do Immediately After a Premises-Related Accident?

Following a premises-related accident, it is crucial to prioritize safety and document evidence. Immediately seek medical attention for any injuries, as documented medical reports are vital for establishing the link between the incident and your injuries. If possible, document the accident scene through photographs and gather contact information from witnesses. Alerting the property owner or manager about the incident should also be considered as part of the immediate actions, ensuring an official record of your notification is made.

Understanding your legal options early can significantly influence the strength and course of your claim. This allows us to gather time-sensitive evidence and build robust representation tailored to your circumstances.

How Does the Phoenix Court System Handle Premises Liability Cases?

The Phoenix court system handles premises liability cases within the framework set by Arizona state laws, often involving a stringent evaluation of evidence and witness testimonies. Cases are generally tried in the Maricopa County Superior Court, depending on the claim's nature and complexity. The court assesses whether the property owner upheld their duty of care and if any breach directly caused the incident and subsequent injuries.

Can I Still File a Claim If I Was Partially At Fault?

Arizona follows a comparative negligence rule, allowing individuals to recover damages even if they are partially at fault for the accident. However, your compensation amount may be reduced according to your degree of fault. For instance, if you are found to be 20% at fault, you may still recover 80% of the deemed damages.

Contact Our Premises Liability Lawyer in Phoenix Today

Rafi Law Group, PLLC provides diligent legal services to injured clients in Arizona. With a thorough knowledge of Arizona’s premises liability laws, we can analyze your situation and help you make informed decisions regarding your case. Our premises liability attorney in Phoenix is committed to providing excellent representation to each client. We tenaciously uphold your right to compensation in court as you seek justice for your accident.