Property owners are generally responsible for providing visitors and guests with a safe location. Our Gilbert premises liability attorney can hold the property owner liable when they do not uphold this duty of care.
You might have a strong premises liability claim if you suffer a slip and fall accident on someone else's property. At Genesis Injury & Accident Lawyers, we have experience with all types of premises liability claims.
What constitutes a premises liability case? Learn more below. Then, contact our personal injury attorney for a free case consultation.
When visiting somewhere else, taking a certain level of precaution is always necessary. Nevertheless, the property owner is also responsible for keeping visitors away from home while on their premises or residence. If the property owner fails to uphold this responsibility, they may be held accountable for any untoward accident.
In Gilbert, AZ, such a situation refers to a legal principle called premises liability. Under this principle, occupiers and owners of lands have due responsibility for preventing accidents or injuries to individuals on their property. Failing to live up to that may result in legal consequences, holding the property owner liable for any injuries that may occur.
This legal theory applies to tenants, landowners, commercial establishments, and business owners. A property owner's extent of duty in protecting visitors usually depends on the kind of visitor and their reasons for entering the premises in the first place. There are instances where a simple trip and fall might occur - in such situations; it's usually common to just pick yourself up with little embarrassment and carry on with no injuries.
But accidents beyond this, especially those that result in serious injuries, can merit a premises liability claim. A premises liability claim is an injury due to a dangerous or hazardous area on a property. You may need the help of an injury attorney in Gilbert, AZ.
Dangerous conditions in a property can range from a falling tree branch, a torn carpet, a dog bite, or snow on the sidewalk. Missteps or accidents caused by these conditions may lead to major injuries that may have otherwise been preventable. Here is a list of the most usual examples to give you an insight into how injuries can occur in dangerous property zones.
Three types of visitors or individuals may experience unforeseen injury within the business premises or residence. Invitees, licensees, and trespassers.
Invitees refer to someone who enters the premises with implied or expressed permission for a specific purpose. This can be a customer at a movie theater, a delivery person, or anyone with a non-personal reason to visit the property. The law stipulates that property owners must warn visitors of hazardous property conditions, like a slippery step or a damaged railing. If you're a business owner, you can be held liable for injuries that may result from its failure.
On the other hand, a licensee refers to an individual who enters a property with permission that is not related to commercial purposes. This is most often considered a social guest. Property owners must warn their licensees of potential dangers that may have been non-obvious otherwise, such as a scalding pipe or loose floorboard. This sense of duty is increased, especially when handling child visitors who may not be capable enough to recognize such dangers yet.
Unlike licensees and invitees, trespassers enter someone's property without permission. Because of this, landowners are generally not held accountable for any injury that may happen to these people unless they have initiated the injury by establishing traps.
This case isn't the same for child trespassers, for which property owners can still be liable for injuries. For instance, if a child finds something attractive on the property and is injured by it (i.e., falling into the swimming pool), the property owner must be accountable for it. The owner needs to take precautionary measures and steps to protect unsuspecting children from experiencing such, knowing they may put themselves in danger.
If you're facing a premises liability case similar to the situations mentioned above, it's best if you seek the aid of a premises liability lawyer in Gilbert, AZ. This is especially true if you have sustained injuries caused by undue property negligence by a landowner; a Gilbert, Arizona, premises liability attorney helps walk you through the complex process that goes into a premises liability claim. Moreover, the services of a skilled premises liability attorney in Gilbert, AZ, are vital since they possess enough experience and proficiency to support your claim, collect evidence, and present a solid argument against the opposing party. There may also be additional rules or laws involving premises liability claims that lawyers can only understand.
A premises liability lawyer ensures that victims of property negligence obtain the appropriate compensation for their suffering. They also help advise you of your rights, especially if you have been injured or a loved one has died on someone else's premises. These include slip and fall, school accidents, negligent security, fire, and electrocution. A good premises liability lawyer will help you determine which grounds are applicable for filing a claim and help you make the best decisions to help your case.
Property owners should know why protecting their visitors from any harm they may experience while on their property is important. Because of this, they should take necessary steps to warn or remedy a dangerous area or hazard on their premises that may cause undue harm to their guests. A Gilbert, AZ, premises liability attorney recognizes the gravity of the consequences caused by negligence, especially since it can result in severe injuries that would have been prevented in the first place. Having a lawyer by your side is vital in supporting your premises liability claim, especially since they know their way around the circumstances of your case. Having someone with enough expertise and experience will help you get the justice you are entitled to.
In a premises liability case, you may be entitled to compensation for medical expenses, lost wages, pain and suffering, and sometimes punitive damages if gross negligence is proven.
You generally have two years from the accident date to file a premises liability claim in Gilbert, AZ. It's important to consult with an attorney as soon as possible to ensure your claim is filed within the legal time limits.
If the property owner blames you for the accident, do not admit fault or discuss the incident further without a lawyer. An experienced premises liability lawyer can help defend against such claims and prove the owner's liability.
Injuries suffered in a premises liability case can be dire. At Genesis Injury & Accident Lawyers, we would be proud to pursue financial compensation for your injuries. Contact us today for a free consultation.
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