25+ YEARS EXPERIENCE • 99% SUCCESS RATE • $100+ MILLION RECOVERED
Arizona Premises Liability Attorney
Property owners and managers in Arizona are legally obligated to maintain safe, hazard-free premises. This means they must conduct routine inspections, respond to complaints about known dangers, fix known risks within a reasonable time, or provide adequate warning to visitors. Failure to do so puts people at risk of getting hurt from entirely avoidable injuries. People seriously injured in Arizona on public or private property deserve answers.
Property owners, managers, entrepreneurs, and others responsible for keeping premises safe need to be held accountable if people are harmed on their premises. At Gerber Injury Law, we’re here to speak on behalf of everyday people in Arizona. Whether you’re facing store owners, homeowners, community organizations, commercial property owners, government entities, or property management companies, your case sends a message that your injuries have consequences, your life matters, and no one can hurt you or your loved ones without consequences.
Our Arizona premises liability lawyers have spent the last 25 years continually setting extraordinary records — recovering over $100 million in verdicts and settlements — and protecting our clients. When you’re seriously injured on another’s property, the Arizona personal injury attorneys at Gerber Injury Law will seek answers, protect your rights and interests, and fight to get the results you deserve.
Gerber Injury Law will be your advocate every step of the way. Contact us today at 623-486-8300 to book a free case review.
What Does Premises Liability Mean?
Premises liability is a legal theory that allows negligent property owners and others tasked with maintaining properties to be held liable for accidents and injuries on their premises.
Premises liability cases are not uncommon. The kinds of incidents that may result in premises liability claims in Arizona range from swimming pool accidents to injuries at the zoo and can be caused by a myriad of hazardous conditions, including:
- Exposed wiring
- Poor lighting
- Equipment malfunction
- Unmarked wet or oily surfaces
- Loose or broken floorboards
- Inadequate security, such as the lack of security cameras
- Faulty escalators or elevators
- Broken or missing safety equipment, such as guarding on ledges or stairs
- Open wells
- Icy sidewalks or pavement
- Torn carpet
- Loose roofing material
- Dangerous pets
Lawsuits are usually brought when an individual sustains injuries on private or public property, and the owners or operators of the premises in question can be held accountable for their negligence. Suppose you’re a victim of property owner negligence in Arizona, and you’re looking for answers to your questions. In that case, you’re exactly the sort of person our personal injury lawyers in Arizona can help. Contact us to learn how we can help.
What Are the Different Types of Premises Liability Cases?
All premises liability incidents can potentially leave ordinary people with life-changing injuries.
The skilled premises liability attorneys at Gerber Injury Law take pride in providing professional and personalized legal assistance to those who have suffered injuries on another’s property in Arizona, regardless of the venue, including retail spaces, public sidewalks, and restaurants, among other locations.
We handle all types of premises liability cases, including the following:
Slip and Fall
Slip, trip, and fall incidents are the most common causes of premises liability injuries. These accidents occur when the victim is not warned of hazards such as wet and oily floors, torn carpets, exposed wiring, and potholes, among others. While there are times when slip-and-fall victims can pick themselves up and move on without any real injuries, there are occasions when these incidents result in significant injuries, such as neck and back injuries or bone fractures.
You may be able to pursue a premises liability claim in Arizona if negligent security results in a criminal assault. For example, if you are attacked at an apartment complex, a hotel, or a college campus because doors to common areas did not work as required and an assailant was allowed access to the premises, you could pursue a premises liability claim.
Property owners and managers must ensure that visitors to their property do not become victims of assault, robbery, drug crimes, rape, or other crimes. Suppose the building is located in an area with a reasonably foreseeable likelihood of crime. In that case, the owner has to take the necessary measures to keep people safe while on their property. This includes installing proper lighting, barriers, fences, and door locks.
At face value, the term “negligent security” might seem like a self-explanatory concept — suing an individual or entity for failure to provide adequate security— but in practice, these cases can be complex and nuanced. The attorneys at Gerber Injury Law are here to help you navigate the legal system. Our legal team is well-versed in Arizona laws on negligent security and has a proven track record in premises liability cases.
An estimated 43% of households own dogs in Arizona. Given these numbers, it’s not surprising that there are occasional dog bite incidents. Dog owners in Arizona are strictly liable if their dog attacks or bites another person, regardless of the owner’s negligence or the dog’s former viciousness.
Those hurt by a property owner’s dog, even if they weren’t bitten, can sue the dog owner under Arizona’s premises liability law. Dog bite injury victims only have one year to file a dog bite or attack claim.
Escalator and Elevator Accidents
Arizona has several laws governing the installation, maintenance, and inspection of elevators and escalators. For instance, all property owners with elevators and escalators on their property must comply with Arizona elevator rules, including keeping the Industrial Commission of Arizona’s certificate of inspection at the same location as the elevator or escalator and making the certificate available for copying or inspection upon request.
However, deadly accidents can happen when building managers, owners, maintenance companies, and other responsible parties fail to comply with safety standards and applicable laws. If you sustained an injury while riding or working on an elevator, you can explore your legal options by contacting Gerber Injury Law as soon as possible. Our premises liability attorneys in Arizona may be able to help.
Swimming Pool Accidents
A swimming pool accident caused by the negligent behavior of a property owner is inexcusable, and you may be surprised by how often they occur. The injuries sustained from swimming pool accidents can be life-altering or even fatal for individuals, especially children. Moreover, the psychological trauma might take years to overcome. As a premises liability accident victim, it is your right to hold responsible parties accountable, and we can help.
Amusement Park Accidents
Amusement parks are places where the dreams of thrill-seeking guests come true. Unfortunately, sometimes the excitement you and your family seek can quickly turn into terror. When these mechanical beasts malfunction or errors happen, you or your loved one could end up leaving the park with catastrophic injuries or, worse, dead. If you are injured at an amusement park, you may have a premises liability case. Allow our Arizona law firm to help you get the justice you deserve.
Supermarket and Retail Store Accidents
Shoppers at malls, supermarkets, grocery stores, and other retail stores have a right to safety. Unfortunately, in some instances, insufficient building maintenance, negligent cleanup, and other forms of negligence can lead to severe injuries to shoppers. In these situations, a personal injury lawyer in Arizona can provide you with legal recourse.
Store owners and other property owners are required to establish and enforce safety measures and regulations that protect people from avoidable hazards such as falling merchandise. When they fail to take the necessary precautions, innocent people get hurt. Our premises liability attorneys in Arizona are aggressive when it comes to fighting for our clients. We will fight to ensure the store is held accountable for the harm it caused you.
Construction sites are dangerous and fraught with many hazards, such as:
- Flying debris
- Scaffolding collapse risks
Several state and federal regulations are in place to ensure the safety of construction site workers and the public. If a property owner fails to equip their construction site with the required safety features, you can pursue a lawsuit if the accident results in injury or the wrongful death of your loved one.
How Common Are Premises Liability Cases in Arizona?
The sad truth is that no matter how cautious we are, there are bound to be accidents. After all, not everyone exercises reasonable care. You could get hurt in a grocery store, amusement park, or other property because of a negligent property owner.
There are a lot of premises liability accidents throughout Arizona. Here are some quick facts:
- Slip and fall incidents top the list of premises liability accident-related ER visits and fatalities. According to the U.S. Consumer Product Safety Commission (CPSC), floors and flooring materials contribute to over 2 million annual slip and fall injuries.
- New data compiled by Total Aquatic Programming, working with CPSC’s Pool Safely campaign, revealed that, during the 2022 swimming season, Arizona had the highest number of fatal child spa/pool drownings. A total of 14 children lost their lives.
What Types of Injuries Do Victims Suffer in Premises Liability Cases?
Getting struck by falling merchandise, slipping and falling down an old stairway, and other premises liability accidents can leave you or a loved one with debilitating injuries and years of costly medical treatments. Injuries from slips and falls resulting from premises liability accidents can range from minor ankle sprains to spinal cord injuries.
Some of the most prevalent injuries our attorneys see in personal injury cases, including premises liability accidents, include the following:
- Neck and back injuries
- Bone fractures
- Scarring and disfigurement
- Soft tissue injuries
- Herniated discs
- Eye injuries
- Spinal cord trauma
- Traumatic brain injuries
- Shock injuries
- Organ perforations
Regardless of the type of injury you sustain on another’s property, do not underestimate its implications on your quality of life. Even injuries that seem minor can lead to chronic pain, impact mobility, and lead to substantial costs for recovery. Speak with our premises liability lawyers in Arizona, especially if you’ve incurred steep medical expenses after a premises liability injury.
Who Is Liable in a Premises Liability Claim in Arizona?
When it comes to filing a premises liability lawsuit in Arizona, there can be multiple parties, such as landlords, owners, maintenance companies, parent companies, repair companies, security companies, and many others, that may be held financially accountable.
That said, many factors will affect your lawsuit. Your attorney will review these factors to determine who is liable in your premises liability case. Some crucial components of determining liability in a premises liability claim include:
- Your status at the time of the injury
- Whether the property owner manages the property
- The property’s condition, Arizona laws, and the actions of all parties involved
In order to prove liability and prevail in a premises liability case, your personal injury lawyer in Arizona must be able to demonstrate the following:
- You had a legal right to be on the property — duty of care was owed. Arizona requires property and business owners to protect visitors by providing safe premises or warning them of any dangerous elements on the property. For example, suppose you were shopping for groceries in a mall or meeting a friend at a restaurant. In that case, the store/restaurant owner owed you a duty of care.
- The property owner — or another party tasked with maintaining or operating the premises — breached that duty of care. A breach can involve failure to inspect or take other reasonable actions, such as warning customers of known dangers or fixing a known hazard or danger that should have been known if the premises had been inspected.
When proving a property owner’s or operator’s breach of duty, your personal injury attorney in Arizona must find answers to the following questions:
- Did the property owner cause the dangerous condition that resulted in your injury?
- Was the owner aware of the hazardous condition or had constructive notice of the unsafe condition but failed to remedy the problem? Or did they fail to take reasonable property maintenance measures, consequently missing obvious dangers?
- Did the owner or operator warn people of the danger?
- Did the property owner attempt to remedy the unsafe conditions?
- The breach of duty of reasonable care caused your injuries. For example, you sustained a back injury after tripping and falling because of a torn carpet on another’s property.
- You suffered some damages because of the breach of duty of reasonable care. Damages include your pain and suffering, medical bills, and other losses incurred because of the injury.
The key to prevailing in a premises liability case lies in prompt and thorough investigations that uncover a property owner’s negligent actions or omissions. Our legal team, led by founding attorney Ken Gerber, acts swiftly to ensure crucial evidence is preserved, including medical and accident reports that shed light on the underlying reasons and consequences of your injury. Rest assured, our lawyers will pursue your Arizona premises liability claim with relentless diligence.
What Are the Different Types of Visitors in Premises Liability Claims?
In Arizona, property owners or managers owe a slightly different level of care to people who visit their premises. The three categories of visitors who might be involved in a premises liability case include:
An invitee is a person who is expressly or implicitly invited by the owner onto the property for business purposes. Examples of invitees in a business include individuals who might be coming to a store to shop, eating at a restaurant, or a delivery person in an apartment complex. Property owners must provide invitees with every possible care and warn them of any dangerous conditions.
A licensee is anyone permitted to enter the premises or be on a property as the owner’s guest, including family, friends, and neighbors. Property owners are required to warn licensees of any unsafe conditions that may be difficult to see — the owner is left to determine what qualifies as a reasonable warning depending on the situation — and ensure licensees understand the danger.
A trespasser is an individual who is on a property illegally or without the owner’s implied permission. Generally, trespassers in Arizona are not owed a duty of care unless they are children. However, a property owner can face liability if they willfully or maliciously injure the trespasser.
A property owner in Arizona can face liability for the injury or death of a child trespasser if they were aware or should have known that children could trespass on the property, there were unsafe conditions that children are especially susceptible to, the child could not understand the risk of trespassing, and the property owner failed to take appropriate measures to protect children on their property.
When you’re hurt on another’s property in Arizona, your status as a visitor at the time of your injury may impact your case. This complicates premises liability claims because it comes down to the duty of care the property owner or manager owes you. Our Arizona premises liability lawyers at Gerber Injury Law can help you understand where you fall as we discuss your options.
What Sort of Damages Can I Recover After a Premises Liability Claim in Arizona?
An experienced premises liability attorney in Arizona can help you figure out what damages may be recovered in your premises liability claim. Typically, a premises liability accident victim can recover damages for:
- Medical treatment, including future medical bills
- Lost wages
- Pain and suffering
- Wrongful death
There’s no cap on the amount of damages you can recover in a premises liability claim, so having our legal team in your corner is one of the best ways to ensure that you get the best possible results. With our knowledgeable attorneys by your side, the other side will know they have a worthy adversary, making sure that they won’t unfairly drive down the value of your claim. Talk to us now for a consultation with an attorney at our law firm in Arizona.
How Can Gerber Injury Law Help With a Premises Liability Claim?
When facing the possibility of a costly lawsuit, the other side may come up with defense strategies such as claiming that the defendant had no knowledge of the dangerous conditions or that the danger was open and obvious to avoid responsibility. Your choice of premises liability attorney plays a vital role in finding the truth of the matter, establishing facts, and securing the compensation you deserve.
When you’re unsure of what’s right for you, when things get complicated, and when you’re facing impossible odds after a premises liability accident, Gerber Injury Law will be there to provide the best advocacy possible. When you choose our injury lawyers, we take responsibility for:
- Thoroughly investigating the accident.
- Securing, preserving, and organizing crucial evidence, such as the incident report, surveillance footage, and medical records.
- Identifying responsible parties and all avenues of compensation.
- Managing all communications with the other side and negotiating for an appropriate settlement on your behalf.
- Adhering to Arizona-mandated deadlines for filing a premises liability claim.
- Pursuing litigation if necessary.
With our team working for you, you benefit from over 25 years of premises liability experience and proven results. We are compassionate toward your needs and provide our clients with deeper legal insights and understanding regarding their rights after premises liability injuries. Our legal team is ready to investigate your claim as we address any questions that you may have about the claims process.
Talk to an Arizona Premises Liability Attorney for Free Today
Sustaining injuries in a premises liability accident can be sudden and shocking, and the thought of pursuing a lawsuit might seem overwhelming. But suffering catastrophic harm because of another’s fault seems unfair when considering the physical, emotional, and financial hardships that ensue. Property owners have a legal duty to ensure they keep their property safe for all visitors. Do not forfeit your right to hold liable property owners, operators, and other liable parties accountable for your damages.
At Gerber Injury Law, we understand the stress of your premises liability case, as we have been fighting for premises liability accident victims for over 25 years. Our premises liability lawyers in Arizona will confidently handle your case, deploy all available resources, and work diligently to secure your future after suffering an injury on another’s property.
Request Your Free Consultation
If you or a loved one has been injured, don’t hesitate – contact our attorneys today!
After insurance company failed to pay $10k in policy limits for injuries caused by a motor vehicle accident.
For bicyclist hit by car.