Premises Liability

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Mesa Premises Liability Lawyers

When you visit a property, whether it’s a grocery store, restaurant, or a friend’s home, you expect it to be safe. However, when property owners fail to maintain their premises or warn of potential hazards, serious injuries can occur. If you’ve been hurt due to a property owner’s negligence, you need a skilled Mesa premises liability lawyer on your side. 

At Valley Injury Team, our dedicated attorneys, Adam Barlow, Mason Bradshaw and Chris Jones, have the knowledge and experience to fight for the compensation you deserve. We understand the physical, emotional, and financial toll that a premises liability injury can take, and we’re here to help you hold negligent property owners accountable. Contact us today for a free consultation.

What is Premises Liability?

Premises liability is the area of law that holds property owners and occupiers responsible for injuries that occur on their property due to unsafe conditions. Owners and managers owe a duty of care to people who enter their premises. Arizona Statute 33-2612 outlines the duties of the owner. This duty changes depending on the property type and why the person is entering it. There are three categories for the person entering the property-
 
Invitees: Invitees enter a property for the benefit of the property owner. They are usually someone who will be spending money on the premises. Customers in a store or guests in a hotel would qualify as invitees. Property owners owe the highest duty of care to invitees. They must regularly inspect the property for hazards, promptly address dangerous conditions, and provide adequate warnings about potential risks.
 
Licensees: Licensees enter a property for their purposes but with the owner’s permission. For example, guests at a house party are licensees. Property owners owe a moderate duty of care to licensees. They must warn them of known dangers that are not obvious.
 
Trespassers: Trespassers are individuals who enter a property without the owner’s permission. Property owners owe the lowest duty of care to trespassers. They cannot engage in willful conduct that could cause harm, but children are often an exception to this rule.
 
A skilled attorney understands how to differentiate between these three categories and how best to serve the injured party. They assess the specifics of each case, gather evidence, and apply relevant laws to build a strong claim, ensuring the injured party receives fair compensation and justice for their injuries.

Types of Accidents Leading to Premises Liability Claims

Premises liability claims can arise from various accidents and hazardous conditions on a property caused by the owner. Understanding the common types of accidents that lead to premises liability claims is essential for property owners to maintain safe conditions and avoid potential lawsuits. Some common types of accidents include-
 
Slip and Fall Accidents: These occur due to hazards like wet floors, uneven surfaces, or loose carpeting, leading to injuries like fractures and head trauma.
 
Negligent Security: Negligent security claims arise when a lack of security measures results in crimes like assault or robbery. Issues include poor lighting and faulty locks.
 
Dog Bites and Animal Attacks: Property owners may be liable for injuries caused by their pets or other animals.
 
Swimming Pool Accidents: Drownings or near-drownings can lead to claims if safety measures like fencing or supervision are lacking.
 
Elevator and Escalator Accidents: Owners are responsible for maintaining elevators and escalators. They may be liable if a faulty elevator or escalator injures someone on the premises.
 
Fire and Electrical Hazards: Owners must adhere to safety standards and are liable if preventable fires or electrical issues cause injuries or deaths.
 
Toxic Exposure: Owners are required to manage the risk of potentially harmful material. They can be held liable if their negligence causes harm.
 
Understanding how these types of accidents can happen is crucial for both property owners and visitors. Property owners must regularly inspect and maintain their premises to prevent hazardous conditions that could lead to injuries and subsequent liability claims. 

Common Injuries in Premises Liability Accidents

Premises liability accidents can lead to a wide range of injuries, some of which can have long-lasting or even permanent effects on your health and well-being. Some of the most common injuries sustained in these types of accidents include- 
 
Slip and Fall Injuries: These can result in broken bones, sprains, strains, and traumatic brain injuries (TBI’s).
 
Trip and Fall Injuries: Like slip and fall accidents, these can cause fractures, soft tissue injuries, and head injuries.
 
Elevator and Escalator Accidents: Malfunctioning or poorly maintained elevators and escalators can lead to serious injuries, such as crushing injuries, lacerations, and broken bones.
 
Swimming Pool Accidents: Drowning, near-drowning, and slip and fall injuries are common in poorly maintained or unsupervised swimming pools.
 
Fires and Explosions: Inadequate fire safety measures can result in burns, smoke inhalation, and other life-threatening injuries.
 
Exposure to Toxic Substances: Improper storage or handling of hazardous materials can cause chemical burns, respiratory issues, and other health problems.
 
Inadequate Security: Insufficient security measures can lead to assaults, batteries, and other violent crimes resulting in physical and emotional injuries.

Compensation in Premises Liability Claims

If you’ve been injured due to a property owner’s negligence, you may be entitled to various forms of compensation. The specific damages available in your case will depend on the nature and severity of your injuries, as well as the circumstances surrounding the accident. Some of the types of compensation you may be able to recover include- 
 
Medical Expenses: This includes the cost of emergency treatment, hospitalization, surgery, medication, physical therapy, and any ongoing medical care related to your injury.
 
Lost Wages: If your injury has caused you to miss work or has reduced your earning capacity, you may be able to recover compensation for your lost income.
 
Pain and Suffering: These damages compensate you for the physical pain, emotional distress, and mental anguish you’ve experienced as a result of your injury.
 
Disability and Disfigurement: If your injury has left you with a permanent disability or disfigurement, you may be entitled to additional compensation.
 
Loss of Enjoyment of Life: If your injury has prevented you from participating in activities you once enjoyed or has otherwise diminished your quality of life, you may be able to recover damages for this loss.
 
Wrongful Death: If a premises liability accident has resulted in the death of a loved one, surviving family members may be able to pursue compensation through a wrongful death claim.

Hiring a Qualified Attorney

Premises liability laws help protect visitors from harm and ensure that property owners can be held accountable if they fail to provide safe environments for guests, patrons, and other visitors. In Arizona, individuals injured due to hazardous conditions on someone else’s property have the right to seek compensation. However, navigating the legal complexities of premises liability claims requires expertise, thorough investigation, and strategic legal action. 

Valley Injury Team represents individuals with premises liability claims in the Phoenix, Mesa, Gilbert, Tempe, Chandler, Scottsdale and Queen Creek areas. Our experienced attorneys are ready to provide the knowledge, resources, and aggressive advocacy you deserve. If you’ve been hurt, don’t hesitate to contact our experienced team for a free consultation today.

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