Property owners are responsible for maintaining a safe and hazard-free environment. Failure to do so puts visitors at risk of suffering serious injuries that could have been prevented. If you or someone you love has been harmed as the result of dangerous property conditions, you may be eligible to seek compensation to help cover medical bills, lost wages and any other damages you may have incurred.
At Phillips Law Group, we have spent almost three decades fighting for the rights of injury victims throughout Yavapai County and Arizona. Our legal team has recovered fair compensation for hundreds of thousands we have represented, including $1 million for an injury victim who became paralyzed after suffering a broken neck and collarbone in a premises accident and a $325,0000 settlement for a victim who sustained extensive burns.
Contact our Prescott premises liability lawyers today for a free consultation. You can find out whether or not you may be within your rights to take legal action. There are no upfront fees if we take your case and we only get paid for our services if we help you recover compensation.
Call 602-222-2222 to speak to a member of our legal team.
Property Owner’s Liability for Visitors in Arizona
Under a legal theory known as premises liability, Arizona property owners have a legal obligation to prevent harm to visitors who enter their property. An owner who fails to adhere to this duty could be held liable for any injuries that occur, especially if he or she:
Knew that a dangerous condition existed on the property or the condition existed for a period of time long enough that it should have been discovered and properly addressed
Did nothing to either warn guests or visitors of the known condition
Intentionally created a dangerous condition that directly resulted in injury or death
The level of care that a property owner must use to protect visitors depends on the type of visitor and his or her reasons for being on the property. A Prescott premises liability attorney from our firm is prepared to discuss the duties and liabilities of property owners in a free consultation. Visitors are classified as follows:
Invitee ”“ These are individuals who enter the property with express or implied permission from the owner for business purposes, such as a customer, mail carrier or utility worker.
Licensee ”“ Any person who enters the property with permission from the owner for non-commercial reasons, such as a social guest, is considered a licensee.
Trespasser ”“ When someone enters a property without permission from the owner, he or she does not have a legal right to be on the premises and is considered a trespasser. Generally, property owners are only liable for injuries to trespassers if they intentionally cause harm.
A property owner is required to notify both invitees and licensees of dangerous conditions on the premise if he or she knew about a potential hazard.
What if the Visitor Injured is a Child?
Children who are harmed on the property as licensees or guests of the owner need to be given age-appropriate warnings about any existing dangers. If not, the property owner could be held responsible in the event a child is injured while legally on the premise.
Child trespassers, however, may be owed a higher level of care in some situations. A property owner could be held liable for injuries if he or she knew that a child could enter the property without permission and failed to fix the issue. For instance, a child who is enters a property unknowingly because he or she is too young to know better or unable to read posted warning signs, still manages to get in and falls into a swimming pool.
Have questions about your legal status at the time of your injury? Contact us at 602-222-2222 .
Am I Eligible To File a Case?
This is a difficult question to answer without knowing the particulars of your situation. This includes whether or not the property owner should have reasonably known about the hazard and failed to warn or address it. In certain unsafe conditions that are temporary, such as a liquid spill, other mitigating factors will need to be considered, such as how long the spill was there or if this has been a reoccurring issue on the property.
This is why you should have an experienced attorney on your side to determine whether you may be eligible to recover damages. In order to have a viable case for compensation, you and your attorney will need to prove that your injury was the result of negligence or carelessness on the part of the property owner.
This includes establishing that the owner had a legal obligation, or duty of care, to maintain a safe environment for all visitors and you were legally permitted to enter the property. You must show that the property owner breached this legal duty by acting in a negligent manner. An example could include a property owner who was aware of broken stair railings but took no action to repair the condition or warn visitors beforehand, resulting in a preventable injury.
The most challenging element to prove is how your injuries were directly linked to the breach of duty. Had the property owner not been careless, you would not have otherwise been harmed. Our experienced lawyers know how to conduct a thorough investigation, gather witness testimony, and collect photographic evidence and medical records to help strengthen your claim.
Lastly, you must show that you suffered damages caused by this breach of duty. Damages could include past, current and future medical expenses as well as a loss of income if your injury kept you from being able to work.
Is My Premises Liability Case Worth Pursuing?
The best way to determine if your potential premises liability case is worth pursuing is to speak with a lawyer from our firm. Every case is different, so the value of your damages will depend on a number of factors unique to your situation. Damages that are typically awarded to premises liability injury victims could include:
Medical bills
Rehabilitation costs
Ambulance transport
Prescription costs
Physical impairment
Lost income
Lost future income
Pain and suffering
Mental anguish
Loss of consortium
Let our qualified Prescott premises liability attorneys review the merits of your claim during a free consultation at no risk or obligation to you. You will owe us nothing unless we win your case.
What to Do if Injured on Someone Else’s Property
Premises liability cases can be complicated and time-consuming. If you have been injured on someone else’s property, there are several things you can do to protect your health, your potential legal claim and possibly others from harm who visit the property.
Seek immediate medical attention ”“ Even if your injuries seem minor, it is important to obtain medical care as soon as possible. Certain symptoms may not appear for days or weeks. A doctor can assess and document the extent of your injury and provide a treatment plan for recovery.
Take photographs of the scene ”“ Take photos (or ask someone to do it for you) of the accident scene that displays the hazard, your injuries, lack of warning signs and anything else relevant.
Gather and preserve evidence ”“ Obtain the name and contact information of the property owner as well as anyone who may have witnessed the incident or who could describe the conditions of the area at the time of your injury. It is also a good idea to preserve the clothing or shoes you were wearing when you got injured.
File or obtain an incident report ”“ Be sure to inform the property owner of your injury and file an incident report. If the police are contacted, get a copy of their report as well.
Keep medical and expense records ”“ Your injuries may have resulted in expensive medical bills and other treatment costs. Keep proof of all medical records from treating doctors, details of surgeries performed, and receipts for out-of-pocket expenses for prescription medications.
Do not sign or agree to anything without a lawyer ”“ After a premises accident, you will likely be contacted by an insurance company or an attorney who represents the owner. He or she may attempt to get more information from you about what happened by asking you to record a statement or sign a medical release form. Before doing anything, we recommend consulting with a lawyer for advice. Having legal representation can help ensure that your rights and best interests are protected.
There are many different types of premises liability claims our legal team is prepared to handle involving hazardous or dangerous conditions, such as:
Slip and falls
Dog bites
Negligent security
Construction site accidents
Swimming pool accidents
Toxic chemicals
Fires
Amusement park accidents
If you are considering your legal options following an injury on commercial or private property, it is important to act quickly. Failure to do so could result in missing your filing deadline and being unable to pursue compensation. For most personal injury claims, you generally have only two years from the date of the accident to file. There may be some exceptions to this rule but you will not know until you get in touch with a lawyer from our firm.
Contact a Prescott Premises Liability Attorney for Legal Help
Phillips Law Group has been protecting the rights of injury victims in the Prescott area and across the state of Arizona for several decades. We have a team of lawyers, field investigators, paralegals and support staff who are ready to build a strong case on your behalf, if we represent you.
We have recovered significant compensation for our clients and welcome the opportunity to review your situation in a free, no obligation consultation. You pay us nothing upfront and we do not get paid unless you do.
