What Is the Premises Liability Law in Arizona?

Premises liability law in Arizona is complex and involved—yet, when you are injured on someone else’s property, knowing how it applies to your situation becomes incredibly important. You do not have to try and understand them on your own. Our Phoenix premises liability lawyers are here to review your claim—free of both cost and commitment—to help you understand your rights and options.

Have You Been Injured Through Negligence?

Suffering an injury on someone else’s property can be physically painful, emotionally overwhelming, and financially costly. From broken bones to traumatic head injuries, the burdens brought about by medical care, lost wages, and personal pain and suffering can be severe.

If a property owner or manager fails to maintain safe conditions or neglects to address hazards, you may be entitled to pursue compensation through a premises liability claim. Whether the accident took place in a public establishment, a private residence, or any other space that has been improperly maintained, recovering damages can help to cover the expenses associated with serious injury.

Under premises liability law in Arizona, victims of property owner negligence can recover damages to cover the expenses associated with the injury, such as medical bills, rehabilitation costs, and lost earnings. This is especially important when it comes to serious injury, where compensation can help to provide a financial safety net even if treatment is ongoing or disabilities are permanent.

Call Burg Simpson at 602-777-7000 to speak with a Phoenix premises liability lawyer today. We will provide a FREE and confidential consultation where we can listen to the details of your case to help you determine if you have cause to file a lawsuit.

Premises Liability Law in Arizona: An Overview

Premises liability law in Arizona revolves around a very simple concept: property owners, managers, and occupiers have a duty to keep their premises in a reasonably safe condition for visitors. If that duty is breached and a visitor suffers harm, the injured party has a legal right to hold the responsible party (owner, manager, occupier, or other) accountable for any damages.

Applying to commercial and residential properties, premises liability law in Arizona provides different levels of protection to individuals who suffer harm on someone else’s property. This means establishing:

1. Duty of Care: The property owner or manager had a legal obligation to maintain a reasonably safe premise.
2. Breach of Duty: The owner or manager failed to meet this obligation.
3. Causation: The breach of duty was a direct cause of the injury.
4. Damages: The injury has resulted in damages.

The elements of negligence have to be established for a successful claim to be made. This is, however, not an easy task. If you have been injured through someone else’s negligence, talking to a Phoenix premises liability lawyer is a good way to understand your options and determine the best way to move forward with your claim.

Please bear in mind that you only have two years from the date of the accident to file a premises liability claim in Arizona. If you have been injured or a loved one has been killed on someone else’s property, reach out to Burg Simson for a complimentary case review with a Phoenix premises liability lawyer to see how we can help.

Who Is Protected by Premises Liability Law in Arizona?

Property owners in Arizona owe different duties of care depending on the status of the person entering the property:

• Invitees. Invitees are people who enter a property for a mutual benefit or purpose, such as customers in a store. Property owners owe invitees the highest level of care, which generally includes regularly inspecting the premises for hazards and promptly addressing any dangers.
• Licensees. Licensees are visitors who enter the property for their own purposes or as social guests. They are owed a reasonable degree of care, which includes things like warning of known hazards.
• Trespassers. Trespassers are individuals who enter a property without permission. Property owners generally owe trespassers a lesser duty of care. However, owners cannot willfully or wantonly cause harm, and special exceptions may apply to children who trespass under the “attractive nuisance” doctrine.

Determining if you are an invitee, licensee, or trespasser will play a significant role in the outcome of your premises liability case. An experienced Phoenix premises liability lawyer will be able to evaluate the facts of your case to help you understand which types—and the amount—of compensation you may be owed.

Who Can Be Held Liable Under Premises Liability Law in Arizona?

Under Arizona’s premises liability laws, a variety of individuals and entities can be held liable for serious injuries that occur on their property. These include:

Homeowners

Owners of single-family homes, duplexes, and apartment complexes are responsible for addressing hazards their residents may encounter. This includes broken handrails, inadequate lighting, uneven walkways, slippery surfaces, and anything else that may place the safety of residents, their visitors, and others on the property at risk.

Commercial Property Owners

Shops, restaurants, office buildings, and other commercial spaces are open to the public. The managers and owners of these establishments are expected to maintain their premises in a condition safe enough for patrons, employees, and visitors.

Landlords and Property Management Companies

Like property owners, those they hire to manage the property—as on-site building supers or off-site supervisors—have a duty to maintain safe premises for anyone who may have occasion to use them.

Public Entities

Government buildings, parks, and recreational facilities must also uphold a standard of care for the safety of their visitors. It is important to remember, however, that claims against local, state, or federal government agencies often involve different legal procedures and deadlines. For example, instead of two years, you have only 180 days (about six months) to file a claim against a government entity in Arizona.

Accidents can happen anywhere—on a sidewalk, in a retail store, or even at a neighbor’s home. If you have been injured due to hazards such as poor lighting, loose wiring, water leaks, or inadequate security, a Phoenix premises liability lawyer can investigate your accident to help you determine who should be held accountable for your injuries.

What Role Does Comparative Negligence Play?

Arizona is a comparative negligence state. This means that you can still file a personal injury claim even if you played a role in your accident. The damages you are awarded, however, will be reduced by your percentage of fault. For example, if your claim is settled for $200,000 but you are found to be 10% liable for your accident, your actual award would be $180,000.

Premises liability law in Arizona does not protect injury victims who “intentionally, wilfully or wantonly caused or contributed to the injury.”

One of the most complex aspects of premises liability claims is determining where fault should lie. Even in cases that appear straightforward, various factors can play a role in even the most basic accidents. Bringing your case to a proven Phoenix premises liability lawyer can help to ensure all contributing factors are accounted for and the proper parties are held to account for your injuries.

How a Phoenix Premises Liability Lawyer Can Help

Premises liability claims are often very complex. They may involve multiple parties, each with their own insurance carriers trying to minimize their liability. A Phoenix premises liability lawyer can:

• Investigate your claim
• Determine who is liable
• Properly assess your damages
• Build a case to demonstrate why the damages are appropriate
• Negotiate with insurance for a fair settlement
• Take your case to trial

Nearly all premises liability claims in Arizona are settled before they reach trial. However, if a settlement cannot be reached, your lawyer may choose to take your case to trial. When cases go to trial, they will take a bit longer to resolve, but the compensation awarded by a judge or jury is often larger than what can be negotiated with insurance.

It is very important to have a lawyer on your side who is proven in both negotiations and trial settings. Not all attorneys are equally experienced in the courtroom. Selecting a firm with lawyers who have been recognized for their abilities during trial helps to ensure your claim is in the best possible hands.

Burg Simpson Will Fight for You

Burg Simpson is a nationally recognized personal injury law firm with a reputation for helping victims of serious injury get justice. With more than four decades of experience, we understand the incredible burdens that can arise from injuries sustained on an unmaintained property. We have recovered more than $2 billion in verdicts and settlements on behalf of our clients. We are prepared to leverage our extensive experience, negotiation skills, and diligent trial preparation to help maximize your recovery.

If you or a loved one has been hurt on someone else’s property, reach out to Burg Simpson for a FREE consultation. Our Phoenix premises liability lawyers serve Tucson, Scottsdale, Flagstaff, and all areas of Arizona.