When you get hurt on someone else’s property, you might have a claim for compensation under a legal theory called premises liability. The law holds property owners and lessees responsible for maintaining safe conditions for visitors. If they fail to do so and you suffer an injury, they might have to pay for your losses.
Speak with an experienced Tempe premises liability lawyer as soon as possible after your accident. They could investigate the incident, identify the responsible parties, and help you fight for the compensation you deserve. Although most premises liability cases settle out of court, our dedicated personal injury attorneys are always ready to take a case to trial if necessary to achieve a just result.
Premises Liability and Owner Obligations
Premises liability law can be complicated because the extent of an owner’s obligation depends on the way they use the property and the visitor’s reason for being there when they were injured. A Tempe attorney could evaluate the situation to determine whether an owner would be liable for an injury in a specific premises liability case.
Property owners and lessees must keep their premises in reasonably safe condition. If the property serves the public or paid clientele—like a gym, restaurant, store, or theater—the owner or operator must conduct regular inspections to ensure safe conditions and promptly make necessary repairs to mitigate hazards. If they cannot make the condition safe immediately, they must warn of the hazard and take reasonable steps to protect patrons and others.
When a visitor is a social guest or is on the property for their own purposes, the property owner need not make regular inspections or repairs. However, they must warn of any dangerous conditions they know about that would not be obvious to the visitor.
What Triggers Premises Liability?
Claims relating to slips, trips, and falls are the most common category of premises liability lawsuits. However, many other situations could cause an injury to a visitor, and an owner or lessee could hold legal responsibility for the event.
Our Tempe premises liability attorneys represent people who experience injuries due to:
- Fires or explosions
- Swimming pool accidents
- Toxic emissions or releases
- Elevator or escalator malfunctions
- Poorly lit stairwells and parking garages
- Dog bites or other injuries inflicted by domestic animals
- Assaults or other criminal acts due to lack of security
- Falling objects like tree branches, merchandise, or light fixtures
In most situations, if an owner or lessee could have prevented an injury with reasonable care, they could be responsible for compensating an injured person’s losses.
Owners usually are not responsible when a trespasser sustains an injury, but the situation is different if the trespasser is a child. Owners must take precautions to prevent a trespassing child from accessing a pool, treehouse, or other feature that might attract them onto the property.
Proving an Owner’s Negligence
A Tempe attorney pursuing a premises liability claim must prove the owner or lessee was negligent, meaning they did not take reasonable steps to protect the injured person. Proof of negligence comes in various forms, and how much proof is required depends on the specific situation. Someone claiming damages for a dog bite need only prove who owns the dog and that they were not provoking the animal when they were bitten. Violating building codes or fire safety regulations is proof of negligence when the violation is a direct cause of the injury. In other cases, a legal professional could demonstrate the owner or lessee did not take reasonable steps to learn of a hazardous condition, warn of it, or repair it.
The injured person’s conduct is often an issue in premises liability cases. Arizona Revised Statutes § 12-2505 allows a jury to consider a claimant’s conduct when determining responsibility for an incident. If the claimant was partially at fault, their damage award would be reduced by the percentage of liability they hold.
Contact a Tempe Attorney When You Are Injured on Someone Else’s Property
A property owner who fails to keep their premises safe is responsible if you get hurt in a preventable incident while you are there. However, the extent of their liability is fact-specific and requires careful legal analysis.
A Tempe premises liability lawyer from the Phillips Law Group understands an owner’s obligations and could ensure they pay for any breach of their duty. Call today to discuss your legal options with a trusted local advocate who has been serving the community for 30 years.
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