Complete Guide To Premises Liability Cases
The premises owner does not bear unlimited liability. The owner is liable only for preventable accidents.
Premises liability laws are in place to protect individuals’ rights when they are injured on property belonging to someone else. The state of Arizona does recognize the right of these victims to seek compensation against any negligent parties. Experienced premises liability attorneys can help victims pursue compensation against at-fault parties for injuries suffered by applying Arizona premises liability laws.
Most Common Premises Liability Injuries
A dangerous premises in Arizona has the potential to inflict serious injuries on a victim. The injuries sustained on someone else’s property could result in thousands of dollars in medical bills. You could also lose wages if your injury forces you to take time off work. Any serious injury deserves attention from an experienced personal injury attorney in Scottsdale or Phoenix, Arizona. An attorney can make it easy to collect all records, documents, x-rays, scans, test results, and other evidence to strengthen your claim. Here are some common premises liability injuries!
- Head/Brain injuries
- Neck injuries
- Bone fractures
- Back injuries
- Cuts and scrapes
- Herniated discs
The Property Owner’s Duty Of Care
One cornerstone of premises liability laws is the victim’s relationship to the defendant. The state of Arizona recognizes the following types of visitors on someone else’s property and the legal duty owed to them.
This is a visitor who is on someone else’s property, generally for the financial benefit of the defendant. In this scenario, the owner of the property gives permission for the visitor to be on the property. For example, store customers and clients are considered invitees. Property owners must keep the area safe and secure for invitees at all times.
A licensee is an invited guest on someone who is legally on the property that belongs to another person. The licensee usually enters the property for their own benefit. Still, a property owner must make all social guests aware of any known hazards.
This is an individual who is not legally on property belonging to someone else. Property owners are not typically held liable for injuries suffered by trespassers, unless the owner intentionally harmed the trespasser or the owner knew the trespasser was present yet did not warn about the non-obvious hazards.
Four Elements Of Premises Liability
The majority of legal claims will break down into a few discrete elements that must be proven to win a claim. These are the four premises liability elements you need to prove in order to win the claim:
1. The defendant was the property owner when the injury occurred. For example, a business owner who simply leases the property, can still bear premises liability. The term “owner” in these cases can include both owners and lessees.
2. The defendant’s care/maintenance of the property was negligent or careless.
3. The victim suffered a tangible injury, which means he/she could claim damages for intangible injuries like pain and suffering.
4. The negligence of the defendant directly caused the victim’s injury.
Who Can File A Claim?
Any invitee or licensee can file a premises liability claim if they are injured on someone’s property and this results in damages, including medical bills, lost wages, pain and suffering. The Plaintiff must then prove that they were injured, and that the property owner’s negligence caused said injury, as well as the fact that they were an invitee or licensee at the time of this injury.
Statute Of Limitations
The statute of limitations to file a premises liability claim is two years from the exact date of the injury. If the injured person dies as the result of the injury, the statute of limitation is two years from the individual’s death.
Source: “What Is Premises Liability and Who Is Responsible?” Stracci Law Group https://www.straccilaw.com/blog/what-is-premises-liability-and-who-is-responsible
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When a case demands litigation, you’ll have the benefit of 19 years of litigation experience in California and Arizona. But when a case demands collaborative law or mediation, you’ll know every option. Moshier Law services all of Phoenix and Scottsdale, Arizona. Jennifer and her team of professionals seek to resolve Family Law cases efficiently with your goals in mind.