Peoria Premises Liability Lawyer

Arizona law holds property owners responsible when they don’t fix or warn visitors about hazards on their premises and people get hurt. If you have been injured on someone else’s property, you may have a premises liability claim.

The premises liability lawyers at Mushkatel, Gobbato, & Kile, P.L.L.C. can help you understand your rights, weigh your options, and pursue the compensation you need for injuries that were someone else’s fault. Contact us today for a consultation.

What Is Premises Liability?

Premises liability is a legal theory that puts a duty on property owners to keep their property safe for visitors and guests. This includes a duty to warn of any known hazards or defects and take reasonable steps to protect visitors from known dangers.

In a premises liability claim, the injured person must prove that:

• They were on the property legally
• The owner knew or should have known about the hazard that caused the injury
• The owner failed to take reasonable steps to address that hazard

What Are the Most Common Scenarios that Give Rise to Premises Liability?

Some of the most common scenarios that lead to premises liability claims include:

• Slip and fall accidents – These are the most common type of premises liability claim. These accidents occur when someone slips or trips and falls on a dangerous or slippery surface.
• Inadequate security – Property owners must provide reasonable security measures to protect visitors from criminal activity. If a visitor is injured because of poor security, the property owner may be liable.
• Elevator and escalator accidents – When elevators and escalators malfunction, they can cause serious injuries. Property owners have a duty to maintain and repair them to ensure they are safe for use.
• Swimming pool accidents – Property owners with swimming pools must ensure that the pool is safe for use and take steps to prevent accidents such as drowning. They also need to keep it secure to prevent children from easily accessing it, as children are owed a higher duty of care.
• Dog bites – Property owners may be liable if their dog bites or attacks a visitor on their property.

How to Prove Premises Liability?

To prove a premises liability claim under Arizona law, the injured person must show that the property owner knew or should have known about the hazard that caused the injury and failed to take reasonable steps to address it. They must also show that they were on the property either as an invitee or licensee, or that the property owner intentionally caused harm to them as a trespasser.

In a premises liability case, the duty of care owed depends on which of the following categories the injured person falls under:

• Invitee – An invitee is someone on a property for the owner’s benefit, such as a customer at a store. Property owners owe the highest duty of care to invitees and must take reasonable steps to keep the property safe for their benefit.
• Licensee – A licensee is someone on a property with the property owner’s permission but not for their benefit, such as a social guest or salesperson. Property owners owe licensees a lower duty of care than invitees but must take reasonable steps to protect them from known dangers.
• Trespasser – A trespasser is someone on a property without the owner’s permission. Property owners owe no duty of care to trespassers but may not intentionally cause them harm.

What Is the Attractive Nuisance Doctrine?

The attractive nuisance doctrine is an exception to the general rule that property owners owe no duty of care to trespassers. Under the attractive nuisance doctrine, property owners may be held liable for injuries suffered by children attracted to an artificial condition on the property. The nuisance must be something the property owner knew or should have known was dangerous and would likely attract children. The most common example of an attractive nuisance is a swimming pool.

What Compensation Can I Recover Through a Premises Liability Lawsuit?

If you are successful in your premises liability claim, you may be entitled to compensation for your related losses, which could include:

• Medical expenses – You can recover the costs of any medical treatment you have received due to your injuries, including hospitalization, surgery, and physical therapy.
• Lost wages – If you’ve missed work because of your injuries, you may be owed the wages you would have earned if you hadn’t been injured.
• Pain and suffering – You can get compensation for the physical and emotional pain and suffering you have experienced due to your injuries.

Is There a Time Limit in Arizona for Filing My Premises Liability Claim?

Arizona has a time limit for filing a premises liability claim. Arizona’s statute of limitations for most premises liability claims is two years from the date of the injury.

If the injury happened on a U.S. government-owned property, the time limit is set by the Federal Tort Claims Act (FTCA). Under the FTCA, you must file a claim with the relevant government agency within two years of the date of the injury. If the agency denies your claim, you then have six months to file a lawsuit in federal court. The similar Arizona Tort Claims Act concerns injuries on state government property and only gives you 180 days to submit your notice to the relevant agency.

It is important to note that these time limits are strict and cannot be waived. If you miss the deadline, you will be barred from recovering compensation. With that in mind, you must contact a Peoria premises liability lawyer as soon as possible to ensure that your rights are protected.

Contact a Peoria, AZ Premises Liability Lawyer

If you or a loved one have been injured on someone else’s property, you may have a claim for premises liability. At Mushkatel, Gobbato, & Kile, P.L.L.C., our Peoria premises liability lawyers can help you understand your rights and pursue your claim. Contact us today for your consultation and learn more about your options.