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Understanding Premises Liability: Your Rights as an Injured Visitor in Arizona

September 11, 2023

When on someone else’s property, whether it’s a private residence, retail store, restaurant, or any other public space, you have the right to reasonable levels of safety. Property owners of any sort have a legal obligation to maintain their premises in a way that prevents harm to others. The legal principle is called premises liability, and it is important for all Arizonans to understand their rights if they suffer an injury while on someone else’s property.

What is Premises Liability?

Premises liability is a legal term that holds property owners responsible for injuries that occur on their property due to unsafe conditions. This liability includes many places, including both residential and commercial properties. In essence, if you are injured on someone else’s property due to the owner’s negligence in maintaining a safe environment, or for a known/foreseeable condition that proximately caused your injury = you MAY have grounds for a premises liability claim.

Common Causes of Premises Liability Injuries

In the state of Arizona, as with many states, premises liability cases typically revolve around the following common scenarios:

  1. Slip and Fall Accidents: These occur when a visitor slips, trips, or otherwise falls due to known/foreseeable hazards such as wet floors, uneven surfaces, broken steps, and more. This is especially true if these conditions are not noted by signage. 
  2. Inadequate Security: Property owners can be held responsible if they don’t provide adequate security measures despite known/foreseeable activities on the property, leading to injuries as a result of criminal activity, such as assaults or robberies. 
  3. Dangerous Conditions: This category of premises liability includes various known/foreseeable hazards, including poorly maintained walkways, broken handrails, inadequate lighting, or unstable structures. 
  4. Dog Bites: Dog owners are responsible for their pets. If a dog attacks a visitor on their property, the owner may be held liable. 
  5. Swimming Pool Accidents: Property owners with pools must adhere to strict safety regulations for swimming pools. Accidents in or around pools due to lack of care can result in premises liability claims.

Proving Premises Liability in Arizona

To successfully pursue a premises liability claim in Arizona, you generally need to establish the following elements: duty of care, breach of duty, causation and damages

  1. Duty of Care: You must prove (common law or statutory) that the property owner or occupier owed you a duty of care to keep the premises safe from known/foreseeable hazards. 
  2. Breach of Duty: Once duty of care is established, you need to prove that the property owner or occupier failed in their duty of care, either by failing to address known/foreseeable hazards or creating dangerous conditions. Proving this is where an experienced defense attorney comes in handy. 
  3. Causation: With the help of an attorney, you must establish a clear link between the breach of duty and your injuries. 
  4. Damages: Finally, you will need to provide solid evidence of the damages you suffered as a result of the injury, including medical bills, lost wages, and pain and suffering.

Comparative Negligence in Arizona

It’s important to note that Arizona follows a comparative negligence system. This means that if you, the injured party, are found partially responsible for the accident in question, your compensation may be reduced in proportion to your level of fault.

Consulting with an Attorney

If you’ve been injured on someone else’s property in the state of Arizona, it is critical to consult with a qualified attorney, such as Jeff GOULD Law, the Attorney In YOUR Corner. An attorney can help you understand your rights, evaluate your case’s strengths, and guide you through the legal process. An experienced attorney can also help to negotiate with insurance companies and, if deemed necessary, represent you in court to ensure you receive compensation for your injuries. 

Understanding premises liability and your rights as an injured visitor is vital. Property owners have a legal obligation to maintain a safe environment. Failing to do so means you have the right to seek compensation for any injuries experienced. Knowing your rights and seeking valid legal counsel can protect your best interests and hold negligent property owners accountable for their neglect.

Don’t DELAY: Call Jeff GOULD Law, the Attorney In YOUR Corner – TODAY!

DISCLAIMER: The information on this blog/site is not intended to be legal advice. It is for general informational use only. You should consult an attorney for advice regarding your situation. Further, this information does not create an attorney-client relationship

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