Tucson Premises Liability Lawyers
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We often visit stores, businesses, and friends’ homes in our day-to-day life, and we expect these places to be safe. However, a careless employee or owner may allow unsafe circumstances to develop or fail to fix dangerous hazards like a liquid spill on a floor. Often referred to as slip and fall accidents, premises liability accidents are not just limited to slips and falls, but any accident on the property of another that results in injury.
Property owners have a responsibility to ensure their premises are safe for visitors, as well as properly warn visitors of any dangers that may exist. If you have been injured in a slip and fall or other premises liability accident, you should consult a premises liability lawyer from Zinda Law Group as soon as possible at (800) 863-5312 for a free consultation. If we are not able to win your case, you will not owe us anything.
WHAT IS PREMISES LIABILITY?
Property owners have a legal responsibility to ensure their property is safe for visitors. This means that property owners must typically ensure any issues that may pose a danger to visitors are addressed in a timely manner. Visitors should also be warned of any potential dangers that may exist on the property, if at all possible. Property owners are expected to be reasonably aware of any such potentially dangerous conditions on their property.
Property owners should be especially prepared to take care to prevent or fix any hazardous conditions that may frequently occur or that may be easily anticipated. For example, a supermarket should expect spills to occur, and should ensure employees quickly clean any spills as soon as possible and provide adequate warning of the slippery surface.
WHEN IS A PROPERTY OWNER RESPONSIBLE FOR AN ACCIDENT?
Property owners may be liable for accidents occurring on their property in certain circumstances. Your local attorneys can help you determine whether the property owner may be liable for your accident. In Arizona, property owners may be responsible for accidents that occur on their property if:
- The property owner was aware of the existence of a hazardous condition.
- Enough time has elapsed that the property owner should have reasonably been aware of the dangerous condition’s existence.
- The hazardous condition was caused by the property owner’s intentional or malicious behavior.
- The property owner failed to warn visitors that a dangerous condition existed on the property.
If the property owner was not aware of the dangerous condition’s existence, they may still be responsible if it can be proven that:
- The routine conduct of business on the premises was likely to cause unsafe conditions, and the property owner should have reasonably anticipated their occurrence.
- The property owner failed to take proper actions to prevent an accident from occurring.
Why the Status of the Injured Party Matters
A property owner’s liability for injuries that occur on their property may also be impacted by the status of the injured party. Indeed, Arizona’s premises liability laws vary significantly depending on the injured party’s status. As your premises liability lawyer may explain to you, guests are generally classified into one of three statuses:
Under Arizona premises liability law, property owners may be liable for accidents involving invitees. A person visiting a property for business reasons, or a property that is open publicly, may usually be classified as an invitee. However, an invitee must also be visiting the property for its intended purpose. For example, someone may be classified as an invitee while in the public area of a grocery store, but this status may be lost if the person ignores warning signs to enter an area of the property restricted to employees.
A guest who has express or implied permission to be on the property other than for commercial reasons is generally classified as a licensee. A licensee may be invited or uninvited. A social visit from a friend is one example of an invited licensee. An uninvited licensee is someone who may not have been invited onto your property, but has a reasonable purpose for being there, such as a delivery person delivering a package or utility worker conducting maintenance on a utility line.
Property owners may be liable for accidents involving either invited or uninvited licensees. It should also be noted that the standard for children involved in accidents is different. Property owners are required to warn child licensees in a manner in which they are capable of understanding.
A trespasser is a person who is present on a property without the owner’s permission. Property owners in Arizona may not be liable for accidents involving trespassers, unless they purposefully or maliciously caused the accident.
Property owners may also be liable for child trespassers in certain situations, such as:
- If the property owner has an “attractive nuisance” on their property, they may be liable if a child is injured. An attractive nuisance is an object that may entice children to trespass, such as a swimming pool or trampoline. Property owners should take proper precautions such as fencing in areas where these types of items are present.
- If the child is very young and not capable of appreciating the dangers inherent in trespassing, the property owner may be liable if an accident occurs.
- Overall, if the property owner does not take reasonable measures to ensure the safety of children on their property, they may be liable.
TYPES OF PREMISES LIABILITY ACCIDENTS
Premises liability accidents are not limited to slip and fall accidents and include a variety of types of accidents. A slip and fall injury lawyer can help you pursue compensation for all types of premises liability accidents.
Slip and Fall Accidents
Perhaps the most common premises liability claim in Tucson, slip and fall accidents may be caused by many different situations, such as:
Liquid spills are frequent occurrences in many businesses, especially supermarkets. Property owners should ensure that all spills are cleaned as soon as possible, and adequate warnings are provided if the floor is slippery or likely to become slippery.
Debris on Floor
Property owners should ensure walkways are unobstructed by debris or clutter. Any debris on the floor should be removed as soon as possible. Boxes or items left in walkways may also cause an accident.
Uneven or Broken Flooring
Floors that are uneven, sloped, or are damaged can cause a slip and fall accident. Flooring should be adequately maintained to ensure it is even and undamaged.
Sudden Changes in Floor Elevation
Unexpected steps can easily cause a slip and fall accident. Property owners should warn of any sudden steps that may exist to help prevent an accident.
Damaged or Missing Handrails and Guardrails
All stairs and ramps should have handrails that are securely installed. A loose or broken handrail can cause a fall. Guardrails should be securely installed where there is a difference in elevation.
Improperly stacked items and merchandise may fall, possibly injuring anyone underneath. All items should be stacked and shelved carefully so as to prevent them from falling.
Property owners who have dogs present may be liable if the dog bites a visitor. Dog bites can cause serious injuries, and if the owner knew the dog had violent tendencies, they should take steps to restrain the dog and prevent the accident from occurring.
Businesses, hospitals, and apartment buildings are all too often the scene of crimes such as robberies, assault, and rape. If you have been a victim of a crime, the property owner of the premises on which the crime occurred may be civilly liable if they failed to provide adequate security. Negligent security measures may include:
- Poor or no lighting
- No security cameras
- Broken locks
- Lack of locks or unlocked windows
- Lack of security fencing or enclosure
- Lack of security personnel
- Not paying attention to electronic surveillance
- Not monitoring or having an electronic security system
Properties that have swimming pools need to take proper precautions in order to prevent an accident from occurring.
- Flotation devices such as life preservers or jackets should be available.
- Pools should have adequate fencing to prevent unauthorized access and to protect invited guests.
- Children should always be supervised in pool areas, and property owners should not allow unsupervised children to use the pool area.
HOW A Personal injury lawyer near You from zINDA LAW GROUP CAN HELP
If you have been injured in an accident that occurred on someone else’s property in or near Tucson, you may be able to seek compensation for your injuries. A slip and fall injury lawyer may help you to determine if the property owner behaved in a negligent manner. Most businesses and homeowners have insurance to cover these kinds of claims.
Dealing with insurers is never an easy process, as it is in their best interest to pay as little as possible, if anything. However, your local attorneys from Zinda Law Group may be able to help you. Insurers will often offer a low settlement quickly after an accident in hopes of settling your claim quickly and cheaply. This offer may not even cover all of your medical expenses. A premise liability lawyer may be able to help you gather the information you need to determine the extent of your expenses and damages caused by the accident. Your attorney from Zinda Law Group may help you seek the compensation you may be entitled to.
Arizona statute of limitations
Every state sets a statute of limitations for various types of lawsuits. This statute of limitations serves as the legal time limits for filing a potential claim seeking compensation for injuries or damages. In Arizona, the statute of limitations for personal injury claims, including premises liability injury claims or wrongful death claims arising from a slip and fall, is two years from the date of the accident. This means that any claim filed after the statute of limitations has expired, will generally not be allowed.
consult the premises liability lawyers at zinda law group today
At Zinda Law Group, we have an experienced team of personal injury lawyers ready to help you seek the maximum compensation you may be entitled to after being injured on someone else’s property. Whether you were injured in a slip and fall accident or another type of premises liability accident, Zinda Law Group may be able to help you pursue compensation by handling your claim and any potential personal injury lawsuit.
Our attorneys can handle your case, allowing you to focus on recovering from any injuries suffered in your fall or other accident. We have years of experience helping other victims of various premises liability accidents and will put this experience to work pursuing your claim.
Meetings with attorneys are available by appointment only.