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Premises Liability Cases

By holding business & land owners accountable for the safety of their premises, guests on the property can avoid permanent injuries, burns, and even wrongful death. When an accident does happen, usually because of the negligence of a manager, employee, or owner then it’s important to hire a lawyer in order to prove who was at fault. If you have sustained serious injuries after visiting a business, being near a construction zone, or on government property then you should consider hiring legal assistance today.

If you've been injured on someone else's property, you may be entitled to damages.

Get in touch with our Personal Injury Law Team to discuss your case today!
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I was referred to Jared by another attorney who spoke very highly of him. Jared and his staff were professional and attentive. Johanna kept me informed, e-mailing and calling to let me know what to expect along the process.read more
Becky B.
Jared and the entire staff of Jackson White were a pleasure to work with! I survived a traumatic, life-threatening experience in 2016. Jared helped me navigate the legal end of the situation, providing reliable and realistic advice and support every step of the way. He was quick to respond to all of my questions with patience and helped turn a difficult situation into a solution I feel good about. I would recommend Jared to anyone needing dependable and honest representation--you will not be disappointed!read more
Courtney R.
Jared and his team were very professional and understanding. Our case was difficult due to the loss of a loved one by negligence of someone in charge of his safety. They were extremely kind in their approach and worked in a timely manner to get the case settled. I highly recommend them to anyone who needs a very good legal defense team on their side.read more
Diane D.
Jared handled a vehicular accident liability case for us a year ago and exceeded our expectations at every stage. He was very attentive and empathetic in the initial interview regarding the crash, which resulted in serious injury to our grandson by an impaired driver. Even though the driver at fault had zero assets Jared was able to obtain a significant insurance settlement for our grandson, who will use it to further his education. We did not hesitate to go to JacksonWhite because of their sterling reputation, and Jared's performance certainly confirmed it was the right decision.read more
Bob S.
Thank you, Jared for all you did for us! From start to finish, we felt comfortable and well-informed. The process was so overwhelming, but the knowledge you brought to table put us at ease. You truly made us feel like we were your number one priority, and we appreciate that so much! Your services were exactly what we needed, in a time when we felt very vulnerable and confused about how to proceed with our situation. Your professionalism and sincerity will be remembered, and we are very appreciative!read more
Danielle B.
Jared was a great choice for me from the very first day, he did a free consultation and was extremely compassionate. He took the time to explain everything in a way I'd understand so I never felt like anything was over my head. He was upfront and guided me through the entire process! I'd defiantly recommend Jared to anyone!read more
Teanna M.

 

What You Need To Know About Premises Liability Cases in Arizona

When a person enters a property, it is with a reasonable expectation that there will be no hazards that endanger safety. However, accidents may occur on a homeowner’s or business’s premises that can cause serious injury or even death. When questions of negligence arise in regard to the accident, a premises liability lawsuit may be filed to hold the owner of the property accountable for their failure to prevent the injury.

What Is Premises Liability?

Premises liability is part of a category of personal injury law. Premises liability statutes require owners to maintain their property in a manner that ensures that anyone working on, or coming to, the property is not injured by unsafe conditions. Most premises liability cases involve negligence, such as claiming the owner knew, or should have known, that certain conditions posed a hazardous situation for anyone coming onto the property. A number of conditions apply to premises liability cases, such as the status of the person coming to the property, which may affect the liability of the owner. Three different categories of presence on the property are recognized under premises liability law:

  • Invitees – These are people who have express or implied permission to be on the property. The property owners have a responsible to maintain property to prevent injury for this category of visitor.
  • Licensees – Licensees are those people who come to the property for their own purposes, who have the express or implied permission to be there, such as salesmen. The property owner generally only has to warn the visitor of potentially hazardous conditions.
  • Trespassers – A trespasser is someone who does not have permission to be on the property. The property owner does not have the legal responsibility to warn the person of unsafe conditions. However, if the property has a swimming pool and the trespasser is a child, there is legal responsibility to take reasonable care to prevent harm to the child.

Common Premises Liability Cases

A variety of injuries fall under the category of premises liability, such as:

  • Slip and fall injuries
  • Inadequate maintenance of premises
  • Defective conditions on the property
  • Ice and snow accidents
  • Elevator and escalator accidents
  • Water leaks or flooding accidents
  • Toxic fumes or chemicals
  • Fires
  • Dog bites while on the premises
  • Swimming pool accidents
  • Amusement park accidents

What Qualifies for A Premises Liability Claim?

In order for an injury or death to qualify for premises liability lawsuit, it must have occurred on the premises of the owner. Your case is facilitated if the hazardous condition was evident for a period of time so that the owner should have known about it and should have taken reasonable care to correct it. However, if the hazard was clearly evident and the visitor should have taken action to avoid it, it may also affect the case. Injuries must be well documented by qualified medical professionals. Statements from witnesses to the accident are also helpful to a premises liability case.

Premises Liability vs. Personal Liability

Premises liability falls under the category of personal injury law. However, personal liability generally covers accidents and injuries that occur on residential property. Premises liability covers accidents and injuries that occur on property that is used for business or for public use.

Slip & Fall Accidents

Slip and fall accidents are the most common cause of premises liability lawsuits. These accidents may occur as a result of electrical cords left in the open, wet flooring from snowmelt or plumbing leaks, staircases that are defective or poorly-maintained, unsecured rugs, loose thresholds or broken flooring or sidewalks. When these accidents happen, it is important to follow certain steps to ensure a successful review of your case. Here are a few mistakes that people often make when they are involved in a slip-and-fall accident:

  • Avoid giving a statement about the accident to the owner’s insurance company or representative. The statement can be used against you in court to prove your liability in the accident.
  • Don’t assume you are unhurt. Seek medical attention immediately to avoid a delay in getting treatment for an injury caused by the accident.
  • Don’t avoid follow-up medical visits. This avoidance can be seen as a sign no serious injury occurred.
  • Take photos of the area in which you were injured. Smartphones make it easy to capture the hazards that are present at the time of the accident.
  • Keep notes about your injuries and treatment.
  • Consult a premises liability lawyer to discuss your case.

Settlements for Premises Liability Cases

By law, the state of Arizona does not allow caps on the amount of settlements for injury cases covered under premises liability. The amount of the settlement is determined by the extent of the injury and the need for ongoing care due to disability caused by the injury. Also, Arizona does not have a serious injury threshold for cases. However, it does adhere to the comparative fault doctrine, which can take into account how much the actions of the injured party contributed to the accident. This consideration can limit the amount of settlement for the injuries.

An accident that occurs on a property can lead to long-term disability, loss of wages and other issues that are eligible for financial compensation. If you are involved in an accident or injury on someone’s property, contact a premises liability lawyer in Mesa, Arizona to ensure that your legal rights are protected.

 

Call Personal Injury Attorney Jared Everton at (480) 467-4392 to discuss your case today.

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