Tucson Premises Liability Lawyer
Premises liability law includes the area of law which makes a person in possession of land or premises legally accountable for certain injuries incurred by an individual present on the property. In Arizona, the owner of a property has a certain legal duty of reasonable care to prevent injury to anyone on his or her premises. In plain English, when you are injured while on the property of another and your injury occurs as a result of some defect on the premises, then you may have a legal cause of action.
A property owner's duty to someone invited onto the property is greater than that owed to a trespasser, however the property owner does have a legal duty to refrain from willfully harming the trespasser. At Zinda Law Group PLLC, our clients benefit greatly from our in-depth knowledge and understanding of Arizona premises liability laws. We are very committed to obtaining full and just compensation for victims of defective or dangerous real property. Attorneys at Zinda Law Group work hard to put together a legally sound case that will result in the best settlement for victims. Our staff will mount a full investigation, interview witnesses and gather evidence to support your claim. We are committed to giving each client aggressive legal representation.
Slip and Fall Accidents
The most common claims for premises liability occur when an individual slips and falls while out in a public place. You might be out shopping or having lunch and unexpectedly encounter a slick or wet floor. Your feet fly out from under you and you fall on a hard floor injuring your back. A store or restaurant owner has a duty to warn you if they know that the floor is slippery. Some of the other more common injuries considered, "premises liability" include falling boxes or debris, defective stairs, unexpected pits or holes, dangerous pools, and shootings.
The law can also find the property owner responsible for death or injury for other reasons that include the property's condition, the property's use, and the criminal actions of a third party on the property.
Slip and fall accidents have become so common that juries now favor the property owner in many cases. To prove your case, you’ll need a competent personal injury lawyer who can put together a strong case for you. Serious injuries do occur when property owners are negligent in their care of the property. For example, you might easily slip and fall injuring yourself from:
- Unexpected drops in floor height
- Torn carpeting
- Wet floors
- Poor lighting
- Unsafe stairs
Medical Bills -- Present and Future
Your bills for past and future medical treatment related to your fall will be one of the main sources of compensation. A valid premise liability claim is usually at least worth the value of your medical bills. So you can probably safely assume you are entitled to recover at least that amount. In addition, however, you may be entitled to recover what is referred to as “pain and suffering.”
Pain and Suffering
Depending on the severity and permanency of your injuries, your personal injury lawyer evaluating your claim typically determine an appropriate multiplier to use, along with the amount of your medical bills, to calculate the amount of pain and suffering you are entitled to. It is important to remember that some injuries do not show up until well after your slip and fall. For this reason, it is wise to negotiate the amount of your slip and fall claim with future injuries in mind.
If you missed work because of your injuries, you are probably entitled to recover the value of the wages you would have earned. You will have to verify the amount you earn and the time you missed, usually with a tax return or pay stub. Your employer will likely have to verify, in writing, the amount of time you missed due to your injury, and your typical salary or wage rate.
Loss of Earning Capacity
If your injuries are so severe that you are not capable of performing the type of work you performed prior to getting hurt -- and you are not capable of earning as much as you did previously -- you may be able to recover an amount that is meant to compensate you for your "lost earning capacity." If you successfully establish that your capacity to earn has been diminished due to your injuries, the property owner may compensate you for that loss in a couple of different ways, including:
- paying for you to be trained/educated in a different field; and/or
- paying you a lump sum for the amount of your reduced earning capacity
1.) You do not properly investigate what made you slip in the first place.
2.) You do not to preserve your shoes as they were on the day you slipped.
3.) You fail to interview witnesses that were present when your accident happened.
4.) You fail to secure any other documents or incident reports that management know exist.
5.) You do not to prepare for the recorded statement by going over the facts and details of the incident.