Glendale Premises Liability Lawyer

Property owners in Arizona have an obligation to keep their properties safe for lawful visitors. Failure to do so may lead to premises liability when a visitor is hurt. Property owners in these situations may be ordered to compensate injury victims for medical bills, pain, suffering, and more.

If you were injured due to hazards on someone else’s property, you should not hesitate to consult with a premises liability attorney. At Mushkatel, Gobbato, & Kile, P.L.L.C., we have decades of experience helping injury victims throughout Arizona secure the full and fair compensation they deserve. We are ready to make sure you know your rights and do not miss out on any recovery available to you. Contact us today for a consultation with a Glendale premises liability lawyer.

What Is Premises Liability?

Essentially, premises liability law is a specialized area of negligence law. Negligence arises when someone fails to take reasonable precautions to avoid harming others. When someone’s negligence leads to another person’s injuries, the injured party can seek compensation from the at-fault party.

More narrowly, premises liability arises when a property owner fails to keep their property reasonably safe for visitors and thereby causes an injury. The injured visitor may have legal grounds to seek compensation from the property owner by filing a lawsuit.

However, it is also important to keep in mind that not all visitors are the same. The duty of reasonable care owed to each visitor will depend on the legal nature of their relationship with the property owner. More on this is below.

What Kinds of Accidents Give Rise to Premises Liability Claims?

Premises liability accidents and injuries will be as diverse as the properties on which they occur. No matter the specific circumstances of your case, our attorneys are ready to conduct a thorough, independent investigation. We have the skill, resources, and experience to handle premises liability cases involving things like:

• Animal attacks
• Slips and falls
• Sidewalk accidents
• Stairway accidents
• Elevator and escalator accidents
• Structural collapses
• Swimming pool accidents
• Construction accidents
• Inadequate lighting
• Negligent security
• Electrical accidents
• Falling objects
• Carbon monoxide poisoning
• Fire safety and building code violations

Establishing the Duty of Care in Premises Liability Cases: Invitees, Licensees, and Trespassers

Again, not all visitors to a property are owed the same duty of care. Traditionally, visitors to a property come in three flavors — invitees, licensees, and trespassers. The specifics of a landowner’s duty to keep their premises safe will vary based on the visitor.

• Invitees – An invitee is someone welcomed onto a property for the owner’s benefit. The benefit may also be mutual. Customers in a grocery store and contractors working on a house are both examples of invitees. Property owners owe invitees the highest level of care. This means they must regularly check for hazards and remove them when found. They must also warn guests of known hazards. Failure to do so will lead to premises liability when invitees are injured by hazards the property knew or should have known about.
• Licensees – A licensee is someone who enters a property with permission. However, they do so for their own benefit. Guests at a dinner party are a classic example of licensees. Property owners are only required to remove known hazards and/or warn licensees of their existence. They cannot be held liable for injuries caused to a licensee by unknown hazards.
• Trespassers – Unlike invitees and licensees, who are welcome guests, trespassers enter the property without permission. Property owners owe trespassers a minimal duty of care. They can only be held liable for injuries they intentionally cause. However, the “attractive nuisance” doctrine creates one important exception to this rule.

What Is the “Attractive Nuisance” Doctrine?

This is a special rule meant to protect trespassing children. The doctrine holds that, when there is a hazard on a property that is likely to entice children and thereby put them at risk of injury, the property owner must take special care to make sure they are not harmed.

For example, an unguarded and unfenced swimming pool might be considered an “attractive nuisance” because wandering children could come to play even if they do not know how to swim. The rationale behind this rule is simply that, in many cases, children simply “don’t know any better.” Even when they trespass, we cut them some slack.

What Compensation Can I Recover in a Premises Liability Lawsuit?

The damages you may recover through a premises liability lawsuit are much the same as that in any other personal injury case. That is, you may be entitled to compensatory damages meant to reimburse you for both economic and non-economic losses associated with your injury. Depending on the nature and severity of your injuries and losses, you may be entitled to compensation for things like:

• Medical bills
• Lost wages
• Lowered earning capacity
• Physical pain and suffering
• Emotional distress
• Lowered quality of life
• Loss of consortium
• Wrongful death
• Funeral and burial expenses
• Personal property repair or replacement costs

Is There a Deadline for Filing a Premises Liability Claim in Arizona?

Yes, there is. The statute of limitations governing personal injury lawsuits in Arizona gives you two years from the date of injury to file a lawsuit seeking compensation against an at-fault party. Do not miss the deadline, as doing so nearly always results in your case being dismissed in court. Further, the destruction of your right to seek compensation in court will also destroy your bargaining power in out-of-court settlement negotiations.

Contact a Glendale Premises Liability Attorney Now

If you were injured by hazards on someone else’s property, you may be entitled to legal compensation and should have your case evaluated by an experienced attorney. The Glendale premises liability lawyers at Mushkatel, Gobbato, & Kile, P.L.L.C., are standing by to help. We are ready to make sure you know your rights and answer any questions you may have in a confidential initial consultation. Contact us today.