Contrary to what some people might understandably assume, landowners in Arizona are not automatically liable under civil law for every single accident on their property. In fact, even if you slip or trip and fall over a hazardous condition on another person’s land, that landowner might still not be liable to pay for your injury-related losses if you cannot prove they knew or reasonably should have known about that hazard to begin with.
Establishing liability in Phoenix, AZ slip and fall claims is the part of the litigation process those who do not have representation from skilled legal counsel struggle with. However, with a seasoned slip and fall lawyer from Phillips Law Group on your side, you will be able to build the strongest claim possible that can hold up through settlement negotiations and, if necessary, even a trial in civil court.
Actual Versus Constructive Knowledge of Hazards
Broadly speaking, landowners in Arizona are required by the state’s premises liability laws to warn all lawful visitors on their land about hazards of which they have actual knowledge of. This means if a landowner knows a particular hazard exists on their property because they have either seen it with their own eyes or been informed of its existence, they are liable for any injury stemming from their failure to fix or cordon off that hazard reasonably quickly after learning of it, or from their failure to inform lawful visitors of the hazard’s existence.
Additionally, if a lawful visitor’s presence on private property provides any possible or actual financial benefit to the property’s owner, that owner may also be liable for accidents caused by hazards which they had constructive knowledge of. These are hazards they reasonably should have known of if they were responsibly inspecting their property regularly. Establishing liability in a slip and fall case in Phoenix based on constructive knowledge can be especially tricky without support from a knowledgeable legal professional.
Connecting an Injury to a Specific Accident
Even if a slip and fall accident victim can prove that a specific landowner breached the duty of care owed to them by failing to warn them about a hazard on their premises, that landowner is only liable to pay for injuries caused primarily and directly by that hazard. In other words, if someone slips on a wet floor and breaks their arm as a result, they could only sue for damages stemming from their broken arm, and generally not for damages stemming from a pre-existing injury they had before they slipped and fell.
Establishing that a Phoenix, AZ landowner holds civil liability for a specific slip and fall injury typically requires a great deal of medical documentation from doctors who treated the injury in question, which a dedicated attorney can help gather and preserve. Legal counsel can also help make use of other relevant evidence as well, like witness testimony, surveillance camera footage, and even statements from friends and family members about the effects an accident has had on an injured person’s life.
Learn More From a Phoenix, AZ Attorney About Establishing Liability in Slip and Fall Claims
In theory, getting fairly reimbursed for losses you sustained by no fault of your own should be as simple as identifying the person who is to blame for those losses and making a reasonable demand of them to take responsibility for their actions. Unfortunately, anyone who has ever tried to seek compensation for a slip and fall injury knows that achieving a favorable case result can be anything but easy, especially if you try to do it alone.
Representation from a dependable slip and fall lawyer can be vital to efficiently establishing liability in Phoenix, AZ slip and fall claims and getting through every other part of the case process. Call today to learn more by speaking with one of our experienced team members.
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