Premises Liability | Phoenix Personal Injury Law Blog - Breyer Law Offices, P.C.
For most people who come to Las Vegas, seeing a performance or other live show is high on the list of “things to do.” But a night on the town can quickly turn into a night of pain under the wrong circumstances. This has left some people wondering: who’s responsible if audience members get hurt during a show?
In Las Vegas (or anywhere), it seems like a robber should be responsible for any injuries that occur during a holdup, but it is possible that the store being robbed is also at fault. Like any other case, it really comes down to negligence and who failed to act in a reasonable way.
When you’re out shopping for the best deals in town this weekend, you’ll be thinking about how to score the next big deal and whether you set up your route for the day in the most effective way, but you probably won’t be thinking about staying safe this Black Friday, or what happens if you’re injured in one of the stores in which you are doing your bargain hunting. But what does happen if the unthinkable occurs?
When it comes to Halloween injuries, you probably think more about costumes, being out in the dark, drunk drivers, and kids running out into the street when you’re trying to make it home from a party safely, but don’t think about Arizona haunted houses and premises liability. The fact of the matter is that most of us don’t think about premises liability in general because we expect the businesses that frequent, or visit even one time, to be safe. We don’t expect to slip on floors, fall downstairs, or otherwise sustain injury while in any place of business.
Big Surf, Wet n’ Wild, Golfland Sunsplash, and Enchanted Island. These are just some of the favorite spots among families in Arizona, especially during the scorching hot summer months. But along with the splashing and laughing that happens at these waterparks, there are also unfortunately many accidents each year. So who’s mostly at risk for a waterpark accident, and who’s to blame when they happen?
For parents, no incidents are more frightening than those involving their children, and a Tucson premises liability incident reported by KVOA News on Thursday, August 30, 2012, has many parents on edge. The incident happened Thursday when a gas leak occurred in a child development center. The gas leak was caused by a defective valve on a gas stove located in the back kitchen of the center. Emergency medical services (EMS) workers were sent to the sight to evaluate the children who were at the center during the time of the incident. No immediate signs of illness or injury were detected though additional checkups and evaluations by an outside medical provider were suggested, according to reports. Officials have not provided an update on the condition of those children who were seen by an outside doctor.
What to Do in a Tucson Premises Liability Incident
If your child was involved in a premises liability incident, there are multiple steps that you should take to ensure their continued health and safety.
Whenever a house fire or apartment fire occurs, it must be determined how the fire occurred and how it could have been prevented. A home fire can be devastating. Serious injuries or death can result from a fire and all personal belongings can be destroyed in a moment. When a fire is caused by, or, not prevented because of a property owner’s negligence, victims of the fire may be able to pursue compensation for their damages and losses.
There are a number of questions that investigators must ask following a fire. Was the building constructed to code? Was the electrical wiring faulty? Were the occupants provided smoke detectors and fire extinguishers? Did the building have fire alarms? What caused the fire in the first place? Did the materials used to build and furnish the building contribute to the fire?
The answer is No. A homeowner is only responsible for personal injuries to an individual who is hurt at their home if the homeowner did something wrong. In other words, if you were at someone’s home and tripped over your own shoelaces, there would be no claim against the homeowner. The homeowner did not do anything wrong if you tripped over your own shoelaces.
More specifically the law, reduced to plain English, if someone who was hurt and brings a claim against the owner or occupier of the land (a homeowner, for instance) must show the following:
- you were injured
- your injuries were caused by the negligence of the homeowner
- that the homeowner knew or should have known that their negligence created an unreasonably dangerous condition
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