Arizona Premises Liability Lawyers

What is a Premises Liability Accident?

Premises liability claims arise in situations where an individual is hurt or injured by a defect, hazard, or dangerous condition on someone else’s property. The property owner has a responsibility to maintain their premises in a safe condition and when this does not happen, the victim may be entitled to financial compensation for medical and other damages. It depends on what led to the injury, and if it could have been prevented with better property maintenance and safety on behalf of the property owner.

Our Arizona premises liability lawyers handle the following types of cases and more:

• Slip and fall accidents.
• Drowning accidents.
• Dog bites and animal attacks.
• Inadequate security leading to criminal assaults.
• Negligent maintenance that allows unsafe hazards.
• Defective stairs, escalators, elevators, and other moving structures.
• Toxic exposure due to hazardous substances.
• Lead poisoning resulting from exposure to lead-based paint.

What is an Attractive Nuisance?

Under Arizona premises liability law, an attractive nuisance is a property condition that might potentially draw children onto the land of another and result in their injury.

Common examples of attractive nuisances include:

• Abandoned refrigerators
• Swimming pools
• Trampolines
• Unattended power tools

Property owners have a legal obligation to take reasonable steps to ensure these conditions do not create a dangerous situation for children. For example, a fence around the entire backyard can be used to keep children out, or a locking perimeter fence can be used just around a swimming pool. If a child wanders onto someone else’s property to play with an attractive nuisance and then gets hurt, then the property owner could be liable for the resulting damage, harm, and losses.

Arizona Invitees, Licensees & Trespassers

In Arizona, there are three distinct relationships between property owners and those who enter their land. The assignment of liability in a premises liability case will vary depending on the type of visitor who was injured and why.

Visitors to a property in Arizona will typically be considered one of the following:

• Invitees: An invitee is someone who is invited onto the property for a business purpose such as a customer at a store. Property owners have a duty to protect these individuals from any known or foreseeable dangers on the premises.
• Licensees: A licensee is someone who enters the property with the owner’s permission, but generally not for business purposes, such as a social guest at a residential property. Proprietors and property owners have a lower standard of care for these individuals than they do for invitees, but must still protect them from any hidden or dangerous conditions that could reasonably be discovered by inspecting the premises.
• Trespassers: Trespassers are people who enter another’s land without permission. While property owners are not liable for simple negligence towards these individuals, they can be held responsible if they deliberately harm them or create an especially hazardous situation for them.

Proof of Liability in a Premises Liability Case

In a premises liability claim, various types of evidence can be used to prove the property owner's liability. These could include witness accounts, photographs or videos of the scene, medical records, evidence from similar incidents in the past, expert testimony, and inspection and maintenance records. Additionally, our investigation might show that there was not enough signage on the property to warn visitors of potential hazards.

Who is liable if I tripped on a public sidewalk in Arizona?

In Arizona, liability for a trip-and-fall incident on a public sidewalk can depend on several factors. If the sidewalk is maintained by a municipality, and the unsafe condition that led to the fall was due to their negligence, the city or county could potentially be held responsible. However, if the sidewalk is adjacent to private property and it's the property owner's responsibility to maintain the sidewalk, then the property owner might be liable. In some cases, if the defect is very minor, such as an uneven lift that is less than a quarter of an inch, then it may be difficult to assert negligence and liability at all. It's important to note that each case is unique, and the specific circumstances surrounding the accident will determine who can be held liable.

How can I prove my premises liability accident wasn’t my fault?

Proving that a premises liability accident wasn't your fault typically involves establishing the property owner's negligence. Key steps include collecting as much evidence as possible, such as taking photographs of the accident scene, documenting any hazardous conditions that contributed to the incident, and gathering witness statements if available. If you were hurt in a commercial setting like a store or office, then there might be accident and safety records for the property that can help, too. Our attorneys can handle the entire process of finding and using evidence, so you can focus on resting, though.

Who is liable for an injury that happens at a social gathering or party?

Liability for an injury that happens at a party or a similar social gathering can depend on various factors. Generally, the host of the party could be held liable if the injury occurred due to their negligence, such as failing to address dangerous conditions at the venue, serving alcohol to intoxicated guests or minors, or not providing adequate security. If the party is held at a rented venue, the venue owner might also bear some responsibility, especially if the injury resulted from unsafe conditions that the owner knew or should have known about. In some cases, another guest could be held liable if their actions directly caused the injury. However, every situation is unique, and the specific circumstances surrounding the injury will determine who can be held liable.

What sort of properties should hire security to protect guests from crime?

Properties that should typically hire security to protect guests from crime are those with a high volume of public traffic, valuable goods, or potential safety risks, such as shopping malls, hotels, casinos, large apartment complexes, concert venues, sports stadiums, and late-night bars. Retail stores, especially those selling high-value items, often have security personnel to deter theft. Bars and nightclubs also generally require security due to the potential for alcohol-related incidents. Additionally, properties located in high-crime areas might hire security to protect their guests and property. If such properties have not taken adequate security measures, the property owner could be liable if a crime happens there.