Phoenix Premises Liability Lawyer

Premises liability lawsuits happen when an individual is injured while on someone else’s territory due to hazardous conditions. Under Arizona law, a property owner’s duty is to ensure they maintain a reasonably safe environment or to warn visitors of any known dangers present. When the property owner fails to do this, they can be held responsible for accidents that happen as a result of their negligence.

Injured victims are given the right to sue for damages incurred, like medical expenses, lost wages, or pain and suffering. At West Coast Trial Lawyers, our Phoenix premises liability attorneys are readily available to assist affected individuals and offer the guidance and support needed to ensure you get fair compensation. With over 20 years of experience handling personal injury cases and more than $1.7 billion settlements recovered, we are confident that with our quality services, we will deliver satisfactory results.

Our team operates on a contingency-fee basis, meaning that you do not have to pay any upfront fees for our legal services unless we win your case or secure a settlement for you. To schedule a FREE consultation, you can connect with us by calling (213) 927-3700 or completing our convenient online contact form.

What Is the Premises Liability Law in Phoenix?

Premises liability law covers injuries that happen because of unsafe conditions on someone else’s land. A property owner’s duty of care will depend on the status of the person who sustained bodily damage:

• Invitee: An individual who is on the property for business purposes.
• License: A person who is on the property for social reasons.
• Trespasser: Someone who enters private property without permission.

If dangerous conditions are present, the property owner will need to warn or fix it to prevent others from getting harmed. If they do not do this, they will fail to provide reasonable care, and may face legal responsibility for any injuries or losses that occurred as a result.

Even if the owner was not aware of the hazards on the property, they will still be at fault for not upholding their legal duty. Property owners must also consider if children can understand the risks of harm that are available on the premises. If the condition poses a threat, they will need to take additional care to protect children from getting hurt.

When it comes to trespassers, a property owner will only be held liable if they intentionally or recklessly caused the injury. However, child trespassers are treated differently. A property owner will need to know about the dangers lurking in the area, and implement safety measures to ensure no harm is inflicted onto such visitors.

Under ARS 33-1551, liability is limited to property owners when someone uses their land for recreational or educational purposes unless the following happens:

• The property owner intentionally causes harm or
• The property owner had a complete disregard for others’ safety

Recreational and educational users will assume the risks involved in such voluntary activities. But, if willful, malicious, or grossly negligent behavior is exhibited by the property owner, then they will be held liable for injuries that occur on their premises.

For instance, if a property owner intentionally places a sharp object on a trail without giving a warning and it hurts someone shortly after, they will face legal repercussions.

In addition, property owners are not liable for damages caused by unknown conditions that take place on their territory. So, let’s say there is an unexpected sinkhole that appears where no one can see or know about it, and a visitor gets injured as a result. In this case, the property owner will not be responsible for the injury since the condition was unknown to them. 

What Is an Example of a Premises Liability Claim?

There are various factors that can contribute to a premises liability claim. To learn what common examples are affiliated with such a lawsuit, you can take a look at the sections listed below.

Slip and Fall Accidents

Slip and fall accidents are a common type of premises liability claim. These accidents typically happen when a person slips, trips, or falls while on someone else’s property due to hazardous conditions, like slippery surfaces or inadequate lighting. 

It accounts for more than 8 million hospital emergency room visits, serving as the primary cause of visits (21.3 percent). In addition, each year in the United States, one out of three people over the age of 65 will experience a fall, and half of them will be repeat fallers. And lastly, 60 percent of deaths associated with falls involved people 75 and older.

Inadequate Security

If a property owner fails to take reasonable steps to prevent foreseeable criminal activity, it can lead to negligent security. This usually happens in places like:

• Apartment complexes
• Parking garages
• Hotels
• Retail stores

If a victim is harmed, they are eligible to file a premises liability claim against the property owner for negligence.

Swimming Pool Accidents

Swimming pool accidents can occur when a property owner does not maintain a safe environment, resulting in injuries or drownings. This applies to owners of:

• Private pools
• Public pools
• Hotels
• Apartments

Inadequate barriers or fencing are a major concern. It is important to have these constructed around a pool to prevent unauthorized access, especially by children. If a child happens to gain entry into the property and suffers injuries after encountering an unsecured pool, the property owner may be liable under the attractive nuisance doctrine.

The most common victims are children, particularly 4 and under. It has been reported that drowning is the fourth leading cause of death for this age group, and that they account for about a quarter of all drowning deaths.

Other factors that can contribute to swimming pool accidents include:

• Lack of supervision
• Maintenance issues
• Insufficient warning signs

Dog Bites

A property owner has a legal duty to ensure their premises is safe for visitors to enter, and this includes validating the fact that their dog does not pose a threat to others. If they happen to bite someone that is lawfully on their territory, the owner may be held responsible for negligence.

Under ARS 11-1025, the owner will face legal repercussions regardless of whether they were aware of the dog’s history or the owner’s awareness of their behavior. The victim is not required to prove negligence. But, they will need to show that the bite happened and that they were lawfully on the property.

Comparative negligence may reduce or revoke an owner’s liability if:

• The victim was permitted to be on the premises
• The dog was working under military or police forces
• The dog was provoked or teased to attack 

Steps to Take After a Premises Liability Accident

After a premises liability accident, it is important to consider taking the steps sectioned below to protect your safety and legal rights. 

Seek Medical Attention

It is important to prioritize your health. Even if your wound seems minor, you should still get it checked out by a medical professional right away. Symptoms may not be immediately apparent, and can worsen over time if left untreated. Once your evaluation is completed, a diagnosis may be provided along with a treatment plan to help with your recovery.

Report the Accident

You should notify the property owner or manager about the situation as soon as possible. Be sure to request a copy of the incident report to include in your premises liability claim. If the accident happened on public property, you can contact your local law enforcement for immediate assistance.

Gather Evidence

If possible, try to gather the following evidence:

• Take photos or video footage of your injury, damages, and the accident scene
• Witness information
• A copy of the incident or police report, along with your medical records

Consult with a Phoenix Premises Liability Lawyer

If you believe that the property owner failed to uphold their duty of care, you can present your case to our Phoenix premises liability lawyers. During your initial assessment, our team will take a look at your case and identify the at fault individual or entity.

From there, we will negotiate with the involved parties to form a mutual agreement. And if that cannot be reached, we will represent you in court. With our legal expertise and knowledge, we will guide you through complex matters and secure fair compensation on your behalf. 

How to Prove Liability

To prove liability, you will need to establish that the property owner’s negligence was the reason for your injury. The first element you will need to demonstrate is that they had a duty of care to ensure the premises was safe for you to enter. Next, you will need to show how they knew or should have known about the dangerous conditions presented. This could be through direct or constructive knowledge.

You will then need to exhibit how the hazard caused you to sustain your injury. In addition, you must explain how the property owner failed to warn you about the obstacles within the area, and that no proper precautions were taken to prevent the accident from happening. Finally, you will need to go over the extent of bodily harm you endured, along with the damages that came with it, like medical bills or emotional distress.

Since Arizona follows the pure comparative negligence system, both parties may share liability if negligence is detected on each side. So, if you are 20 percent at fault and the defendant is 80 percent at fault, your compensation will be adjusted by 20 percent.

Available Damages in Premises Liability Cases

Compensation for premises liability cases will vary. The following factors will be considered when calculating and determining a settlement value:

• The severity of your injury
• Percentage of fault
• Current and future medical bills
• Lost wages and earning capacity

To learn what you could be awarded, you can use our personal injury settlement calculator by inputting the damages you incurred as a result of the property owner’s negligence.

Generally, economic damages and non-economic damages are granted in premises liability lawsuits.

Economic Damages

Economic damages are financial losses you experienced as a result of the accident. This includes:

• Hospital bills
• Lost income
• Out-of-pocket expenses

Non-Economic Damages

Non-economic damages refer to subjective, non-monetary losses that are challenging to quantify in monetary terms, such as:

• Emotional trauma
• Loss of enjoyment of life
• Pain and suffering

Schedule a FREE Consultation with Our Phoenix Premises Liability Lawyers Today

Injured victims are entitled to pursue compensation against a property owner for negligence. At West Coast Trial Lawyers, our skilled Phoenix premises liability lawyers are readily available to provide guidance and support. Our team will fight for your rights and advocate for your best interests.

To schedule a FREE case evaluation, you can get in touch with our 24/7 legal team by calling (213) 927-3700 or filling out our quick online contact form.

FAQ About Phoenix Premises Liability Claims

What Does Premises Liability Coverage Cover?

Premises liability coverage can cover medical expenses for injuries caused by a property owner’s negligence and defend the policyholder against legal claims. This will also protect residential and commercial property owners from risks pertaining to new construction or remodeling projects done on unoccupied or vacant properties. It also can apply to land that is undergoing development without property coverage.

Who Can File a Premises Liability Wrongful Death Lawsuit?

In Phoenix, a wrongful death lawsuit can be filed if a property owner’s negligence contributed to the victim’s death. Under ARS 12-612, eligible parties that can sue include the following:

• Spouse
• Children
• Parents or legal guardian
• Personal representatives of the estate

Recoverable damages in such a case may include:

• Medical bills
• Funeral and burial costs
• Loss of financial support
• Loss of consortium

A 2-year time limit will be granted to file a claim, and will start on the date of the victim’s passing (ARS 12-542). The discovery rule may apply if the cause of death was not immediately known, and will begin when it is reasonably discovered or should have been discovered.

How Long Does it Take to Settle a Premises Liability Case?

The time it takes to settle a premises liability case will vary depending on what factors are presented. Some may take a few months, whereas others could last up to one to two years to resolve. 

Certain issues that can affect the timeline include the following:

• Severity of your injury
• Establishing liability
• Pre-litigation or trial
• Comparative fault issues
• The number of parties involved

Simple cases may consist of clear liability and minor injuries. These could settle within a couple of months. Moderate to complex situations will typically have severe bodily harm, disputes, or multiple parties, extending the duration of the lawsuit, somewhere between 6 months up to a few years.