Anytime you go onto another person’s property, you should never have to worry about sustaining an injury. Unfortunately, there are times when the careless or negligent actions of a property owner or operator lead to serious accidents. At Torgenson Law, our team is standing by to help if you need a Phoenix premises liability lawyer by your side. We understand the personal injury laws in Arizona, and our attorneys are ready to investigate every aspect of your case. Let our team get to work today so we can secure the compensation you are entitled to.
Experienced Phoenix Premises Liability Attorneys
After sustaining a severe injury on another person’s property, you need a team you can trust both personally and professionally by your side. Torgenson Law is ready to help.
- Our team of Phoenix premises liability lawyers will not stop fighting until we uncover every detail of your case that we need to know.
- Our investigative process is thorough and effective because we want to leave no stone unturned as we work to hold property owners accountable for their actions.
- Our attorneys have a thorough understanding of how aggressive insurance carriers operate, and we are not afraid to take a case to trial if necessary to secure maximum compensation.
What Will an Attorney do to Help?
A premises liability and slip and fall lawyer is going to be an invaluable resource if you have been injured on another person’s property. Most individuals who sustain injuries caused by another party do not have the resources necessary to conduct a complete investigation into their case. However, a Phoenix premises liability attorney can:
- Work to uncover any unobtained evidence to prove liability. This can include photo or video surveillance footage, statements from eyewitnesses, property owner safety records, employee training records, and more.
- Gather all medical records, persons lost wages, evidence of out-of-pocket expenses, and more to properly calculate the client’s total losses.
- Thoroughly review insurance policies and draft any demand letters to be sent to the insurance carrier in an effort to resolve the case in a fair way for the client.
Who Can Be Liable in Premises Liability Claims?
In Arizona, it is possible for a property owner to be held liable if their actions lead to an accident that injures somebody on their premises. In this state, a property owner could be held liable if they:
- Were aware that any dangerous condition existed on their property or should have known of a dangerous condition
- Failed to take steps to remedy a hazardous condition
- Willfully or maliciously caused a condition that led to injury or death
- Failed to adequately warn guests or visitors about a dangerous condition that existed on the property
When considering businesses involved in premises liability cases, the business owner could still be held liable even if they had no knowledge that a dangerous condition existed on their property if:
- The property owner operated the business in a manner in which it could be reasonably anticipated that a dangerous condition would occur
- The property owner failed to take steps to prevent injuries that could arise due to the dangerous conditions
Proving property owner negligence is often difficult in an Arizona premises liability case. These situations require assistance from a skilled attorney who will be able to conduct a complete investigation into the incident.
Types of Premises Liability Claims
There are various types of premises liability claims that can arise due to the careless or negligent actions of a property owner in Phoenix. At Torgenson Law, our attorneys handle a variety of these types of claims, including the following:
- Slip and fall incidents. Slip and fall incidents or trip and fall incidents are common causes of premises liability injuries. These incidents occur when property owners fail to properly maintain walkways. This can create hazards for visitors that lead to significant injuries.
- Construction site accidents. Construction sites create many hazards for both workers at the site as well as those passing by. There are many state and federal regulations designed to ensure the safety of both workers and the public. If a property owner fails to follow these standards, people can sustain serious injuries.
- Negligent security. Property owners are legally required to ensure the safety of their property, and this often includes taking steps to have adequate security on the premises. Property owners must take reasonable steps to ensure that their guests do not become victims of various crimes, including assault, abduction, robbery, violence, and more.
- Dog bite incidents. In Arizona, property owners can be held strictly liable for dog bite injuries. This means then the property owner will have to pay for any injuries caused by a dog bite regardless of whether or not they were negligent, so long as the victim was lawfully on the owner’s property at the time the incident occurred.
- Swimming pool accidents. Property owners and landlords have an obligation to take steps to prevent swimming pool accidents from occurring. This includes ensuring that there is a fence and locking gate surrounding the pool to ensure that children do not wander into the area.
- Elevator and escalator accidents. Anytime escalators or elevators are not properly inspected or maintained, there is a chance victims will sustain injuries when they use them. Property owners who have escalators or elevators on the premises must comply with state and federal inspection requirements.
- Fires and explosions. All property owners and business owners are required to implement proper safety measures in order to prevent fires and explosions from occurring. They must also establish procedures for how to handle a fire after it has started.
- Toxic chemicals. Exposure to toxic chemicals can result in incredibly dangerous and deadly conditions for those in the vicinity. Any property owner that knowingly has toxic chemicals on their premises must prevent the public from coming into contact with them.
- Gun-related injuries. Accidental shootings, hunting accidents, defective gun incidents, and more can all lead to life-threatening injuries for a victim. Property owners must take steps to ensure that any firearm on their property is secured and functioning properly if used.
What to Do After a Premises Liability Accident
There are various steps that a premises liability injury victim can take to help ensure their case is successful. If you have been injured and you think the injury was caused by the actions of a property owner, follow these steps:
- Seek medical care. Immediately after sustaining an injury on another person’s property, it is vital that the victim seek medical attention. This approach is twofold – it ensures that the victim receives medical care very injuries while also establishing a link between the premises liability incident and the injuries.
- Gather as much evidence as possible. If you can safely do so at the scene of the incident, use a smartphone or another type of camera to take photographs of any causes of your injuries. If there were any eyewitnesses, get their names and contact information. Make note of any surveillance cameras that are in the vicinity, and take pictures of those as well. These cameras may have captured footage that you need for your case, but you may not be able to get that footage on your own.
- Report the incident. It can be tempting to want to leave the premises as soon as an injury occurs out of sheer embarrassment. However, you or a loved one need to report the injury to a property owner or property manager as soon as possible. This can include the supervisor or manager of the business. Most premises operators have a system in place for dealing with injuries and filling out the proper reports.
- Speak to an attorney. You should speak to a qualified Phoenix premises liability lawyer as soon as possible. Soon after these incidents occur, evidence will begin to disappear. An attorney will be able to get to work preserving evidence, obtaining any available footage, and speaking to those involved.
- Continue your medical care. You should continue any medical treatment prescribed by your doctor until you have reached maximum medical improvement. This includes going to any follow-up doctor visits, using any required medical devices, and attending physical therapy or rehabilitation if necessary.
Arizona Statute of Limitations for Premises Liability
Each state is responsible for setting a time limit for how long injury victims have to file claims against the person allegedly responsible for causing their injury. When we turn to the Arizona Revised Statutes section 12-542, we can see that there is a two-year statute of limitations in place for premises liability cases in Phoenix. If an injury victim fails to file a lawsuit against an alleged negligent property owner within this statutory two-year window, they will likely lose the ability to recover any compensation for their client.
Understanding Arizona’s personal injury statute of limitations is incredibly important for those who have been injured. By working with a trusted Phoenix injury lawyer, you can be sure that all deadlines regarding your case will be met.
Understanding Comparative Negligence
Almost without fail, one of the methods that property owners and their insurance carriers will use to get out of paying compensation to a victim will be to blame the victim for their own injuries. However, under Arizona’s comparative negligence laws, an injured party is allowed to recover compensation even if they are up to 99% at fault for the incident. In these cases, the total amount of compensation they receive will be reduced based on their percentage of fault.
For example, if Rashad slips and falls on a spill in a grocery store that had been on the floor for an hour and that grocery store attendants were aware of, he could be entitled to compensation. Suppose Rashad breaks his arm and sustains $10,000 in medical bills and lost wages. However, suppose the grocery store owner argues that Rashad was texting at the time of the incident and claims that this led to him not saying the spill, therefore causing the injuries. In this case, a jury may determine that Rashad was 20% at fault for the incident. If that happens, he would only receive $8,000 in total compensation for the claim.
Compensation in Premises Liability Claims
The total amount of compensation available after a Phoenix premises liability injury will vary depending on the circumstances surrounding your particular situation. This includes the severity of injuries, whether there was any shared fault, how much work you miss due to your recovery, etc. At Torgenson Law, our premises liability lawyers in Phoenix are regularly able to help clients recover the following types of compensation:
- Medical bills related to the injury
- Lost wages if a victim cannot work
- Lost future earning capacity
- General household out-of-pocket expenses
- Compensation for physical and emotional pain and suffering
- Loss of personal enjoyment damages
- Possible punitive damages in cases of gross property owner negligence
In Arizona, there is no limitation on the number of damages that can be recovered in a premises liability lawsuit.
Affording a Premises Liability Attorney Cost in Phoenix
Often, victims injured by the careless or negligent actions of a property owner are placed into precarious financial situations. Injury victims have to deal with a multitude of expenses, including incoming medical bills, their regular household expenses, and more. Additionally, many premises liability injury victims cannot work while they recover. That is why the team at Torgenson Law takes Phoenix premises liability cases on a contingency fee basis. This means that our clients do not pay any upfront or out-of-pocket costs for their case. Our attorneys only collect legal fees after we secure the compensation our clients are entitled to. If we do not win the case, our clients do not pay.
Contact Torgenson Law for a Free Consultation
If you or somebody you love has been injured due to the careless, negligent, or intentional actions of a property owner or operator in Phoenix, contact Torgenson Law for help with your case today. Our knowledgeable and experienced team is ready to conduct a complete investigation into your case in an effort to secure the compensation you are entitled to. We refuse to back down to aggressive insurance carriers or at full parties, and we have no problem taking your case to trial have necessary. When you need a Phoenix premises liability attorney, you can contact us for a free consultation of your case by clicking here or calling (602) 759-0012.