Phoenix Premises Liability Attorney
If you have been injured on any kind of dangerous property, the Phoenix premises liability lawyers at Begam Marks & Traulsen, P.A. can help. Trips, slips, and falls are not the humorous events that are portrayed in cartoons. Instead, they can lead to serious injury, including breaks, hip injuries, sprains, lacerations, dislocations, and traumatic brain injury. In some cases, death can result.
Dog bites can also result in serious lacerations, disfigurement, and even death. Tragically, serious dog bites often occur more frequently to infants, children, and the elderly.
How Much Is My Premises Liability Claim Worth?
Determining the value of a premises liability claim is similar to valuing any other civil claim. Depending on the nature of the victim’s injuries, he or she could potentially secure substantial compensation. These are some of the types of compensation available in premises liability claims:
- Medical expenses. If a lawful visitor suffered injuries that required medical attention due to a property owner’s negligence, the injured person can claim compensation for any and all resulting medical expenses. This may include hospital bills, ambulance fees, prescription costs, and any other necessary ongoing healthcare costs.
- Lost income. A serious injury may force a victim to miss work to recover. He or she can claim compensation for the wages lost during that time. If an injury results in a permanent disability that prevents the victim from working anymore in the future, he or she may be able to secure compensation for lost future earnings or earning capacity.
- Pain and suffering. The jury hearing a premises liability case may award compensation for the physical pain, emotional suffering, and mental anguish associated with injuries. For example, the pain and suffering compensation for a broken arm would likely be substantially less than the compensation for a spinal cord injury that resulted in a permanent disability.
- Punitive damages. In some cases, a jury may decide that a property owner’s negligence exceeds the scope of typical negligence, or the property owner’s behavior involved some type of intentional tort. A jury could award punitive damages as a means of discouraging similar behavior in the future.
If you have questions about how much your case may be worth, speak to our Phoenix personal injury lawyers.
Arizona Premises Liability Law
Property owners, managers, and lessees all have a duty to reasonably maintain a property. Their duty is to ensure a property is safe and to adequately warn others of any dangerous conditions. They may be held liable for all damages that result from an unsafe property.
Homeowners might be liable for broken steps or loose railings. Business owners (who are held to a higher standard of care than homeowners) may be liable if they knew that a floor was slick because of a spill and they failed to clean it. Owners who keep vicious dogs may be liable if the dog escapes and attacks a passerby.
Our Phoenix premises liability attorneys represent people injured due to all types of dangerous and defective property conditions:
- Slip and fall accidents
- Trip and fall accidents
- Dog bites
- Domestic animal bites
- Inadequate lighting
- Inadequate security
- Unreasonably dangerous conditions
Types of Property Visitors
Property owners have different levels of care depending on the types of visitors on their properties. These are some of the legal definitions for types of visitors.
These are individuals the property owner has given express or implied permission to enter his or her property, and generally include neighbors, friends, and relatives. Property owners owe these individuals a duty of care to prevent injuries while the invitees are present on the property.
These are individuals who have the property owner’s express or implied permission to enter the property but do so for their own purposes. Licensees generally include people like salesmen, utility workers, and other solicitors. Property owners owe these individuals a duty of care to warn them of hazards on the property if they are likely to encounter them.
A property owner does not owe a duty of care to anyone who enters private property illegally, or without the property owner’s express or implied permission. However, one possible exception would be a child trespasser. A child does not have the ability to recognize the potential dangers of trespassing. If a property owner lives near children who may foreseeably interlope on the property, the property owner should take adequate steps to prevent injuries.
Some property owners must take “attractive nuisances” into account. An attractive nuisance is any structure on the property that a child may find too irresistible to ignore. A tree for climbing or an unfenced swimming pool can be considered attractive nuisances. Property owners have a duty to identify and address attractive nuisances on their properties.
Legal visitors to a property have the right to expect a safe environment. At the least, visitors should expect a warning about any unsafe conditions that may exist on the property. Once a property owner learns of a hazardous element on his or her property, he or she has a legal duty to address the issue and fix it or prevent it from harming any visitors to the property. This could include marking a dangerous area, providing verbal warnings, or cordoning off parts of the property to prevent visitors from entering dangerous areas.
Recovering Compensation from Insurance Companies
Homeowners and business owners general carry liability insurance to protect against premises liability claims. They may also have medical payments insurance. In the context of litigation, our team of Phoenix premises liability attorneys seek information on all insurance policies that the defendant may have purchased in Arizona.
Experienced Phoenix Premises Liability Attorneys
With more than 100 years of combined legal experience, our Phoenix premises liability lawyers can advise you as to the merits of your claim and how we may be able to further your efforts for fair compensation. Please call us today at (602) 254-6071 for a free, no-obligation consultation, or submit a form.