Property owners are legally obligated to ensure their property is reasonably safe for guests and other permitted visitors. These obligations include maintenance of the property to avoid potential accidents and hazardous situations.
If you were hurt or made ill while legally on someone else’s property, you could have the right to file an injury claim and receive compensation for medical costs, pain suffering, and other damages. The Avondale premises liability lawyers at Phillips Law Group are prepared to help you seek the compensation you may need for a healthy recovery. Our team of distinguished lawyers has decades of combined legal experience, so we are well-versed in Arizona law.
Reach out to a licensed lawyer at Phillips Law Group today for a complimentary consultation. There are no obligations or fees associated with your free consultation. We only get paid when we successfully recover financial compensation for your premises liability claim.
Call Phillips Law Group at 602-222-222 to set up your free case review today.
Determining Whether You Have a Valid Case
To establish negligence in a premises liability claim, the burden of proof is on the plaintiff. This means that you and your lawyer must be able to prove that your injury or illness was the direct result of a property owner’s negligence:
- Duty of care was present ”“ Property owners are legally obligated to keep their property in a safe condition and provide warnings of any potential dangers to permitted guests or visitors on the property.
- Breached duty of care ”“ You or your lawyer must be able to prove that the duty of care was breached by the at-fault property owner. For example, a duty may have been breached if a property owner was aware of a hole in the ground on his or her property and failed to warn guests or visitors about it.
- Causal link is present ”“ There must be evidence that your injury or illness was directly caused by the breached duty of care. Without the property owner’s breached duty of care, your premises liability injury would not have occurred.
- Damages sustained ”“ There must be proof that damages were created, such as medical bills and lost income from missing work because of your injury.
If you are unsure whether you can prove the four elements of negligence, give our Avondale premises liability lawyers a call to ask any questions you may have.
How Does Arizona Determine Legal Status on the Property?
To file a premises liability claim, you or your lawyer must be able to prove that you were legally on the property at the time you were injured. Arizona categorizes guests and visitors into four groups:
- Invitees are legally allowed to be on the property for the purpose of doing business, such as a customer who is interested in buying a new car coming onto the property of a car dealership. The owner of the dealership is responsible for keeping the property safe for potential customers.
- Licensees are guests who were invited by the property owner as a guest for a social gathering or event. These individuals should be warned and protected by the property owner from potential dangers in and around the property.
- Trespassers are individuals who do not have permission to be on the property. It can be difficult to hold a property owner liable for damages sustained by a trespasser.
- Child trespassers are not expected to have the same ability to discover dangers as adults. If the trespasser is a child, and the property had an unreasonably dangerous condition, the owner may face liability.
To determine your legal status as a visitor, speak to a qualified Avondale premises liability attorney today at Phillips Law Group. Our attorneys have handled thousands of personal injury cases, including those involving premises liability.
What is Comparative Negligence?
The comparative negligence law in Arizona allows injury victims to receive a reduced amount of compensation if they are found to be partially at fault for causing the injury. For example, if the injured victim’s settlement award is $100,000 and he or she was found to share 30 percent of the fault, he or she would only receive $70,000.
Our Avondale premises liability attorneys have in-depth knowledge of the laws of Arizona. Let us handle the legal process on your behalf so you can focus on a healthy recovery.
What is My Premises Liability Claim Worth?
Determining the value of your premises liability claim depends on several important factors your lawyer can discuss with you in a free consultation.
Some of the damages you could be compensated for are:
- Past, present and future medical expenses
- Surgeries
- Ambulatory care
- Follow up care
- At home care
- Physical therapy
- Physical pain and suffering
- Assistive medical equipment (wheelchairs, prosthetics, etc.)
- Psychological therapy
- Mental anguish
- Lost wages from missing work
- Loss of future wages if you cannot return to work
- Physical disability
- Physical scarring
- Loss of consortium
- Loss of enjoyment of life
Victims who lost a loved one in a premises liability claim could be eligible for funds to cover funeral and burial costs, loss of future income and loss of companionship.
Are There Deadlines to File a Premises Liability Claim?
Personal injury victims in Arizona generally have only two years from the date of the accident to file a premises liability claim. However, this date could be different for your case, depending on the details of your claim and the party that may be liable for your damages. For example, if your claim is against a government official or entity, you only have 180 days to provide notice of the claim.
If you did not discover your injury until a later date, the Arizona discovery rule allows victims to file their claim up to two years after the date of discovery.
If you submit your claim late, it could be dismissed by the court. Let our Avondale premises liability attorneys review your claim in a free initial consultation.
Contact our firm at 602-222-222 to learn more.
Steps to Take After a Premises Liability Injury
If you or a loved one was injured on someone else’s property, we recommend taking these steps to help preserve your potential claim:
- Seek medical treatment immediately after your accident to help prevent your injury from worsening. Sometimes it could take days or even weeks for symptoms to appear and if you avoid immediate treatment it could be held against you by the insurance company.
- Notify the police and file an incident report to keep for your records. This is an important step for validating your claim.
- Take pictures of evidence at the accident scene and of your injuries throughout the healing process. If you are physically unable to do so, have someone you trust take the pictures for you. These pictures may be used to prove the severity of your injuries.
- Record witness information ”“ Ask for their contact information in addition to taking notes on what they say they saw.
- Avoid speaking to insurance adjusters because they are usually looking to devalue your claim. Keep conversations and details about your health to a minimum to help protect the value of your claim. If you say too much, it could be held against you. For example, if you tell the insurance company that you are feeling “fine”, they could use this as a reason to minimize the value of your claim.
Contact a Premises Liability Attorney Today
If you were injured or a loved one died on someone else’s property, you could be eligible for compensation in a premises liability claim. Contacting an experienced attorney who knows how to handle these types of cases could be an important step in the recovery process.
The Avondale premises liability attorneys at Phillips Law Group are ready to hear the details of your claim in a free claim evaluation. Our firms have recovered over $1 billion in compensation awards on behalf of our clients. We have been in business for nearly 30 years, helping to protect the rights of the people of Arizona.
Contact us at any time 24/7 to schedule your free evaluation. You pay us no attorney or legal fees until we recover fair compensation for your premises liability claim. There is no obligation to hire us and your information is kept completely confidential so there are no risks to you.
Phillips Law Group. Legal help when you need it. 602-222-222