When you set foot on someone else's property, you expect them to have taken care of it. What happens when they don't? You could end up falling and suffering a serious injury. Premises liability claims could be a way for you to cover medical expenses and lost income.
At Genesis Injury & Accident Lawyers, our Mesa premises liability attorney would be honored to review your claim. Our liability attorneys have experience with all types of cases. Now, we can fight for you as well.
Learn more about what constitutes a premises liability claim in Mesa. Then, contact our Mesa premises liability lawyers to schedule a free case consultation.
Taking a certain level of precaution is always necessary when visiting somewhere else. But even so, the property owner is also responsible for keeping visitors away from home while on their premises or residence.
If they fail to uphold this responsibility, they may be held accountable for any untoward accident.
In Mesa, 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. It's common to 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 Mesa, AZ.
Dangerous conditions on a property can range from a falling tree branch to a torn carpet, a dog bite, or snow on the sidewalk. Missteps or accidents caused by any of 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 any other individual 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 itself 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 will have to be accountable for it. The owner needs to take precautionary measures and steps to protect unsuspecting children from experiencing such, knowing that they may put themselves in danger.
Duty of care: In a premises liability case, the property owner has a legal duty to ensure the safety of any lawful visitor. This duty involves maintaining the property to prevent injuries and warning visitors of dangers. For example, store owners must ensure that aisles are clear and free from hazards that could cause slips or falls. The level of care expected can vary depending on the nature of the property and the visitor (e.g., business guest vs. social guest).
Breach of duty: Breach of duty occurs when a property owner fails to meet the expected standard of care. This could be through neglecting necessary repairs, ignoring hazards, or not adhering to safety regulations. For instance, if a broken stairway has been reported but not fixed, leading to an injury, the property owner has breached their duty of care. Documenting this breach is essential for proving negligence in a premises liability case.
Causation: For a premises liability claim to be valid, the breach of duty must be the direct cause of the injury. This means showing that the injury would not have occurred if the property had been maintained properly. For example, if a visitor slips on an unmarked wet floor and breaks a leg, the injury must be directly linked to negligence in failing to address or warn about the wet floor. Proving causation often requires evidence such as witness statements, surveillance footage, or expert testimony.
Damages: Finally, the plaintiff must demonstrate that tangible damages resulted from the incident. This could include medical expenses, lost wages, pain and suffering, or other costs associated with the injury. The damages claimed must be directly related to the breach of duty and substantiated with documentation. In premises liability cases, the extent and nature of the damages can significantly affect the lawsuit's outcome.
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 Mesa, AZ. This is especially true if you have sustained injuries caused by undue property negligence by a landowner; a Mesa, 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 Mesa, AZ, are vital since they possess enough experience and competence 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 know.
An experienced premises liability attorney ensures that victims of property negligence obtain the appropriate compensation they deserve for their suffering. They also help advise you of your rights, especially if you were injured or a loved one died on someone else's premises. These include instances of 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 understand the importance of protecting their visitors from harm they may experience while on their property. 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 Mesa, AZ, premises liability attorney knows 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 proficiency and experience will help you get the justice you are entitled to.
Slip and fall accidents are always severe. You need someone in your corner with in-depth knowledge of Mesa premises liability laws.
At Genesis Injury & Accident Lawyers, we use our resources and experience with Mesa premises liability cases to advocate for rights. Let us address your legal situation so that you can focus on healing. Contact us today to schedule a free consultation to discuss fair compensation for your medical bills.
Located in Mesa Arizona, Our Personal Injury Attorneys and Car Accident Lawyers in Mesa AZ have been helping our Contactachieve the legal results they are searching for. Our Mesa Law Firm offers legal help with Car Accidents, Truck Accidents, Motorcycle Accidents, Premises Liability, Slip and Fall, Nursing Home Abuse, Catastrophic Injury, Bicycle Injury, Personal Injury, Wrongful Death, Dog Bites, and all Personal Injury Issues.
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