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    If you suffered an injury on someone else’s property in Scottsdale, Arizona, you may be able to seek compensation through a personal injury lawsuit based on premises liability law. Many factors impact premises liability claims, including the duty of care the property owner owes to you. An experienced Scottsdale premises liability lawyer can review those factors in your case and help you understand your legal rights and options.

    Mushkatel, Gobbato, & Kile, P.L.L.C., is a full-service law firm in Scottsdale that provides clients with the personalized service of a small firm and the resources of a large firm. Our attorneys have more than 50 years of combined legal experience in many different areas of the law, including premises liability. Contact us today to discuss your case in a consultation.

    What Is Premises Liability Law?

    Premises liability law is an area of the law that determines liability when people suffer injuries as visitors on property that someone else owns or controls. A property owner is a person or entity that owns and controls the property. In contrast, a property manager, such as a company that rents a building, does not own the property but exerts control over it.

    When you file a personal injury claim based on premises liability, you must show the property owner’s or manager’s negligence contributed to your injury. For example, you may need to show they knew or should have known about the hazard that injured you and failed to take steps to remedy it.

    What Types of Accidents Are Considered Scottsdale Premises Liability Claims?

    The following are some of the most common types of accidents resulting in premises liability claims in Scottsdale:

    • Slip and fall accidents — Slipping and falling on someone else’s property can cause significant injuries. For example, a person could suffer fractures, soft tissue damage, or traumatic brain injury (TBI) after slipping on a wet floor or falling downstairs due to a loose railing.
    • Dog bites — Arizona follows strict liability for dog bites. You do not need to show the owner was negligent in seeking compensation for your injuries if you were lawfully on the property.
    • Swimming pool accidents — Property owners are responsible for securing their pools with fences or other measures to prevent children from accessing them without adult supervision.
    • Assaults — If you suffer an assault on someone else’s property due to negligent security, the event coordinator or security company could be liable in addition to the property owner.

    How Do You Prove the Property Owner Was Negligent?

    To prove a property owner was negligent requires establishing they owed you a duty of care and breached that duty. Typically, you must present evidence showing the property owner knew or should have known about the hazard and failed to remedy it. The following may serve as evidence to support your claim:

    • Photographs or video — Photos or video footage of the hazardous condition can help establish its existence.
    • Eyewitness statements — Witnesses can support your claims by providing corroborating statements about what happened.
    • Expert testimony — In some cases, attorneys hire professionals with relevant education, training, and experience to examine cases and, if necessary, provide a report and/or testimony about their review.
    • Maintenance records — If poor property maintenance contributed to your injuries, maintenance records could help establish the property was hazardous.

    What Are the Different Classifications of Visitors to a Property?

    In Arizona, the duty of care a property owner owes you depends on the type of visitor you are:

    • Invitees — These visitors include business customers and others who enter the property for the owner’s benefit. Property owners owe these visitors the highest level of care and must seek out and fix dangerous conditions to keep invitees safe.
    • Licensees — These visitors are social guests on a property for reasons other than the property owner’s commercial benefit. Property owners should take reasonable steps to protect licensees from harm and warn them of any hazards.
    • Trespassers — These visitors do not have permission to be on the property. Property owners don’t have to provide trespassers with the same level of care as they owe to invitees and licensees. However, they cannot intentionally harm trespassers.

    Can a Scottsdale Property Owner Be Sued in a Premises Liability Claim?

    Depending on the circumstances of your case, the property owner may be liable for your injuries. For example, the property owner may be liable if they were responsible for keeping the property free from hazards. However, the property owner may not be liable if a third party, such as a person or entity renting the property, was responsible for keeping the property free from hazards. In this case, you could file a lawsuit against that party.

    What Damages Are Available in a Premises Liability Lawsuit?

    Through your premises liability lawsuit, you can seek various types of compensation, including money for the following:

    • Medical expenses — Past and future medical expenses related to the incident.
    • Lost wages — Wages you lost or will lose because of your injuries, including bonuses and commissions.
    • Permanent disability — Accommodations for any permanent disability you suffered because of the accident on someone else’s property.
    • Pain and suffering — Physical pain and emotional suffering you experience because of your injuries.

    What Should You Do If You Were Injured on Someone Else’s Property?

    If you suffer an injury as a visitor to someone else’s property in Scottsdale, Arizona, you should take the following steps to protect your rights to seek compensation:

    • Report the accident — The first step is to report the accident to the property owner. For instance, if your injury occurs in a store, report the injury to the store’s manager and ask for a copy of the report.
    • Seek ongoing medical treatment — Follow up with doctor’s appointments beyond your initial medical treatment.
    • Engage a premises liability lawyer — Hire a lawyer to handle your case so you can focus on regaining your health.
    • Keep medical bills — Track all bills related to the incident so your attorney can use them to calculate your expenses.
    • Keep a pain journal — Write down your pain levels and how your injuries impact your daily life in a journal.
    • Avoid making a statement — Do not provide a statement to an insurance adjuster without your attorney present. Insurance companies want you to say something they can use to reduce the value of your case.

    Contact a Scottsdale Premises Liability Lawyer

    If a dangerous condition on someone else’s property caused your injuries in Scottsdale, Arizona, contact Mushkatel, Gobbato, & Kile, P.L.L.C., for a consultation with an experienced premises liability attorney. With over 50 years of combined legal experience, we can put our knowledge to work for you. We will review your case and help you understand the path you can take to seek full and fair compensation for the harm you have suffered.

    Visit Our Scottsdale Premises Liability Law Offices