Did You Slip or Fall on Someone Else’s Property?
Consumers and visitors to restaurants, retail stores, hotels, apartments, hospitals, and any type of building, have a right to expect that the property owner took steps to protect you. Whether the property owner is a for-profit company or a non-profit doesn’t matter. If you have the legal right to be on someone’s property, you have the right to expect the floors will be clear, the shelves will be secure, and the lighting will work.
At the Scottsdale personal injury law firm of Amar Esq. PLLC, we understand how frightening and traumatic a slip and fall or personal attack can be. Our Scottsdale property liability lawyer understands the relevant laws and how to hold property owners accountable when they fail to protect you. We bring claims against property owners and anyone or any company responsible for the maintenance of the subject property. Our firm demands full compensation for your medical bills, pain and suffering, lost wages, and any other damages such as scarring or disfigurement.
Who is at Fault in Arizona Slip and Fall Cases?
Generally, Arizona categorizes the people who are on the property of another in three different ways. Your legal rights depend on how you are classified. Our Arizona premises liability attorney works with you to confirm that you had a right to be on the property and that you deserve the highest level of protection the law allows for. The three category types are:
- Invitees – An invitee is someone who enters property with the owner’s permission. Permission can be express or implied. Anyone who enters the property of another with the intent of buying a product or paying for a service is generally assumed to be an invitee – provided the entry was during normal business hours. Property owners owe the highest duty of care to invitees. This includes:
- Warning the invitee of any dangerous conditions that the owner was aware of or should have reasonably been aware of
- Fixing and repairing any defects the owner knew about or should have known about The duty of care extends to the outside of the property as well as the inside. This means sidewalks should be shoveled in winter, and cracks in the parking lot should be fixed.
- Licensee – A licensee is someone who has the right to be on the property but is not on the property to make a purchase. Examples include people who walk by the property on the way to another store or when someone is invited into someone’s home. Property owners owe a duty to make their property safe for licensees but they are only obligated to fix or warn about defects they actually have knowledge about.
- Trespassers – Someone who trespasses on the property of another does not have the right to be on the property owner’s land. The property owner generally does not have a duty to protect the trespasser though exceptions may apply.
Property owners also need to be aware that some property such as swimming pools may entice someone, especially children, onto their property. A failure to take necessary precautions, such as building a fence, can lead to liability if someone is injured, drowns, or dies.
Types of property liability accidents, including slip & fall injuries
Our Scottsdale slip and fall attorney brings claims for all types of property accidents including:
- Slips and falls – These accidents occur when property owners fail to clean up liquids that spill, repair torn carpets, fix broken tiles, remove fallen merchandise, shovel snow, and clear ice away. Owners should routinely examine the floors, specifically to ensure that customers and visitors don’t slip, trip, and fall.
- Elevators and escalators – Property owners such as apartment complexes, hotels, and office buildings should regularly conduct inspections and perform maintenance to make sure elevators and escalators are in working order, and meet local safety regulations. Escalator and elevator injuries can cause death and/or catastrophic injuries.
- Negligent security – Property owners have a duty to protect invitees and licensees from the reasonable possibility that someone may physically assault or attack people who come onto their property. This is especially true in areas where money is exchanged such as an ATM machine. If someone is a victim of the crime, they may have the right to hold the property owner liable for their civil damages. Properties should be well-lit and larger premises should have adequate security staff. Video cameras can also deter criminal attacks.
Construction site owners also have a duty to keep their work sites safe and to properly warn passers-by so that people don’t fall into holes or work areas, suffer due to an explosion or toxic chemicals, or suffer any injury due to flying debris.
Contact a Top Slip and Fall Lawyer in Phoenix Near You
At the Phoenix injury law office of Amar Esq. PLLC, our Scottsdale slip and fall injury lawyer understands how to prepare your case for trial so that wrongdoers can be held liable for changing your life. We investigate the cause of the accident, conduct formal inquiries as to what prior accidents occurred at the property, and work to discover what safety measures were and weren’t taken. For strong guidance through the litigation and negotiation process, feel free to contact us at 480.802.8232, or complete our online form to arrange a free consultation.
Set Up a Free Consultation With a Phoenix Slip and Fall Lawyer Near You
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We are a slip and fall law firm located in Scottsdale, Arizona. At Amar Esq. PLLC, we focus on providing effective trial lawyer and litigation abilities to ensure your matter is properly handled. Whether your case settles or ends up at trial in front of a jury, we strive to regain the quality and enjoyment of life you deserve, in addition to obtaining the best results possible.