Phoenix Premises Liability Attorneys
When you suffer an injury on someone else’s property or business due to the negligence of the property owner, he or she is responsible, even if he or she was not directly involved in the incident. Any Phoenix premises liability lawyer will tell you that all public places should be clear of hazards. It is the property owner's duty to remove hazards and mark a dangerous area off as quickly as possible.
Some examples of premises liability include, but are not limited to:
- Slip-and-falls, especially in a grocery store
- Dog bites
- House fixtures falling off and striking someone
- Drowning due to improper pool security
- Assault due negligent security
In any of these cases, the owner of the property may be held liable for any injuries that were sustained on the property. These accidents happen for all sorts of reasons, but The Husband and Wife Law Team has noticed that falls are more common with:
- Uneven staircases
- Loose carpeting
- Wet floors without warning signs
- Unsecured handrails
- Poor lighting
- Debris on the ground
- Potholes, divots, or missing pavement
- Cracks or uneven conditions on sidewalks or on a walkway
- Absence of cautionary signs
Slip-and-fall injuries often include those to the spine, wrist, neck, head, and legs. If you experience major injuries in a slip-and-fall, like a head injury or broken bone, working with a knowledgeable lawyer can ensure that you get all the assistance you need when building a case to recover damages.
The decision to seek compensation is ultimately a personal one. Filing a Phoenix personal injury claim can be time-consuming and emotionally draining. Not every injury is worthy of a claim, and we have seen far too many people "pushed" towards litigation on cases that are not worth the time, effort, energy, or expense.
However, where to "draw the line" is a tough call, and it never hurts to get the input of our experienced, straightforward Phoenix law firm. We will tell you if you have a case worthy of pursuing.
Did the property owner take reasonable steps to prevent a fall? As an example, if an employee was expected to maintain a particular area and did not, the jury will be more likely to decide that he or she knew of the dangerous conditions and acted negligently. Some questions that can help determine whether reasonable steps were followed include:
- Were warning signs or barriers erected to keep visitors out of a hazardous area?
- Was the area adequately lit?
- Had someone else previously been injured by the same hazard?
- Would removing the hazard have been simple and low-cost, or prolonged and costly?
- Was it necessary for the hazardous condition to exist on the property?
- Did either an employee or owner cause the condition?
Firstly, it is best to create a paper trail, and making sure that your account of the accident is down on paper. Photographs with the relevant details (i.e., what caused the fall) and eyewitness accounts are important as well. If the slip-and-fall took place at a business, the owner may want a report filled out. Because state law does not require such a report, as experienced Phoenix personal injury lawyers, we advise that you get input from your lawyer first.
Phoenix Premises Liability Client Testimonial
There are statutes of limitations that apply to any personal injury case, including premises liability. If your injury was due to a property defect, you may have two years to file a claim. However, in some cases, it may be as little as 180 days, depending on who the owner or property manager was at the time the injury occurred. Claims against government or public entities have an especially short window in which to file.
Typically, plaintiffs ask for lost wages, costs of medical treatment, pain, loss of enjoyment of life, and out-of-pocket expenses. In some cases, the law may award plaintiffs so-called "punitive damages" to punish an especially egregiously property owner. However, in Arizona, punitive damages only apply to slip-and-fall cases in rare circumstance, where the owner or occupier acted with an "evil hand and evil mind.” An injury victim might also be able to seek compensation for property lost or damaged.
Being the victim of a serious accident is disruptive. You could be facing time off work, restricted movement, and other inconveniences in addition to mounting medical bills. All of these things can cause a real hindrance to you and your loved ones.
At Breyer Law Offices, P.C., you will work with a Phoenix premises liability lawyer who will fight for your rights and work hard to get you the compensation that you need and deserve. Call (602) 267-1280 today for a free consultation.
Recent Arizona Premises Liability Case Results
- Confidential Settlement - Catastrophic Premises Injury
- Confidential Settlement - Slip and Fall
- $2,000,000.00 - Premises Liability Case
- $140,000.00 - Premises Liability
- $120,000.00 - Premises Liability
- $110,000.00 - Slip and Fall Accident
- $50,000.00 - Premises Liability
- $35,000 - Slip and Fall Injury