Premises liability law reflects the notion that those who are in charge of a property are responsible for the safety of the people who come into contact with it. Property owners owe a duty of care to anyone who is considered a guest of that property, and therefore will be liable for damages if a person is injured due to the owner’s failure to maintain safe premises.
There are many ways in which a dangerous condition can exist on a property. Slippery surfaces, broken handrails, poor lighting, uneven surfaces and much more can create a dangerous environment for guests on a property. In premises liability claims, the liability of property owners depends on what type of visitor the injured party was at the time of the accident:
- Invitee – If a property owner invites a person onto his or her property, the property owner may be held liable for not keeping the premises safe. Examples of this include retail store customers. In the state of Arizona, this also includes guests at a motel or in an apartment.
- Licensee – A licensee is neither a customer, employee nor a trespasser. A licensee has no contract with the property owner and is allowed on the property. Examples of this include a social guest in a home. The property owner will owe a licensee damages for any willful or wanton misconduct, hidden dangers and inadequate warning of potential dangers.
- Trespasser – A trespasser is someone who enters a property without permission. This can include an unwanted guest or a burglar. A property owner is least liable for injuries sustained by a trespasser than an invitee or licensee.
A person trespassing on a property can be easily defined, however, there may be questions about whether the injured party was a licensee or invitee. In order to determine the nature of the visit to a property, contact an experienced premises liability attorney.
Depending on who had control of the element that caused the injury on the property, liability may also apply to those who rent or lease the property. For example, the tenant of an apartment may be liable for an injury caused by a free-standing bookshelf that falls on a guest.
What Compensation Can I Receive in a Premises Liability Claim?
In premises liability claims, damages may be awarded for:
- medical expenses
- lost wages
- loss of future earnings
- pain and suffering
In order to get the compensation you are entitled to, don’t accept a settlement from the property owners insurance company until you’ve spoken with an experienced premises liability attorney from Witson Law. Even if an offer seems fair, you may be eligible for more.
Phoenix Premises Liability Attorney
Witson Law offers free personal injury consultations to answer your questions about your premises liability case and to discuss your litigation options. During your initial consultation, we will take whatever time is necessary to listen to you and the facts of your premises liability injury case at no charge to you. All our personal injury cases are taken on a contingency fee basis. You pay no out of pocket expenses and do not need to pay us unless we win your case. Schedule your free consultation with a Phoenix premises liability lawyer now – (602) 358-8686.