If you were hurt on someone else’s property in Surprise, Arizona, you could receive compensation in a personal injury claim. Under the legal concept of premises liability, business and property owners in Arizona must ensure that they offer a safe place for their visitors, guests, and residents.
For instance, if you’re hurt because of a foreseeable unsafe condition at Uptown Alley, Surprise Aquatic Garden, or Surprise Stadium, you could receive damages in a personal injury claim because the property owner owed you a duty of care.
If you were injured recently on someone’s property, contact Gerber Injury Law’s personal injury attorneys for legal assistance.
Arizona Premises Liability Laws
In Arizona, property and business owners owe a duty of care to guests, visitors, and residents of their properties. Arizona has laws with three categories of people who may visit a property. Whatever your classification, our Surprise personal injury attorneys will work with you to pursue compensation for your injuries.
Surprise property owners owe a duty of care to the following classes of people:
Invitees are those with permission to come onto the property for business purposes. For instance, invitees may be grocery store or movie theater customers or patrons at a bank. By law, the business owner must warn an invitee of dangerous conditions, such as slick floors, damaged steps, broken railings, or icy sidewalks.
Licensees visit a property for a non-business purpose with permission. For instance, if you go to a neighbor’s house for a party, you are a licensee in Arizona. The state’s laws are that property owners must warn a licensee about a hazardous condition or danger on the property.
For children, the property owner must take precautions to have enough warnings of dangerous conditions and take steps to safeguard the child.
In most cases, property owners do not owe a duty of care to an adult trespasser, but they could be liable if they purposely injure the person. Also, property owners owe a duty of care to children who are trespassers.
But the court must prove that the owner knew about a dangerous condition and knew a child could trespass near the hazardous situation and didn’t use reasonable care to protect the minor. Children cannot often grasp certain dangers on properties, so owners can be held liable for child injuries on their premises.
Why Do You Need a Premises Liability Lawyer in Surprise?
Why should you hire a personal injury attorney in Surprise? Gerber Injury Law has successfully represented injured clients in Surprise since 2001 and knows how to hold property owners and insurance companies accountable for their negligence. Also:
- Our law firm has recovered more than $100 million in settlements and verdicts for previous clients, and we will work tirelessly to obtain the best results for you in a Surprise premises liability case.
- Premises liability is a complex area of the law in which Gerber Injury Law has extensive experience and success. If you attempt to negotiate a premises liability settlement without an attorney, you will likely settle the case for far less than it is worth.
- Our attorneys and legal staff provide excellent communication to our clients, updating them often about their case status. In addition, our team takes calls 24/7, so we are always available to answer your legal questions.
- A Surprise premises liability attorney will handle all of the paperwork, discovery, and insurance negotiations, so you can focus on recovering and being with your family during a difficult time.
Common Types of Premises Liability in Surprise
A Surprise, Arizona premises liability accident is an incident that causes injury that happens on a property with a dangerous condition or situation. The accident probably would not have happened if the Surprise property owner had maintained the property correctly and not endangered guests, visitors, or residents. Some of the premises liability cases that frequently occur in Surprise and elsewhere in Maricopa County are:
- Slip and fall accidents
- Falling objects
- Swimming pool accidents
- Stairway accidents
- Dog bites
- Exposure to dangerous chemicals and other substances
Premises liability accidents can occur in homes, apartment buildings, retail stores, casinos, schools, work, hotels, cruise ships, etc. After an accident on someone’s property in Surprise, please contact our premises liability attorneys at Gerber Injury Law for assistance. We will quickly ascertain if you have a potential case and you will not be charged for the initial consultation.
Common Types of Premises Accident Injuries in Surprise
If a property owner is negligent and has a hazardous condition, many severe injuries can occur. Likewise, if the property in Surprise is unsafe for guests, it can lead to injuries that after you for months, years, or even permanently.
Our Surprise personal injury attorneys have years of experience with personal injury claims, and we will assist with collecting evidence and medical records to prove your injuries. Common types of premise liability injuries are:
- Broken bones
- Soft tissue injuries in the back or neck
- Spinal cord injuries
- Traumatic brain injuries
- Organ damage
- Wrongful death
Our Surprise premises liability attorneys will negotiate aggressively with the defendant’s insurance company to obtain compensation for your medical bills, lost earnings in the past and future, and pain and suffering.
How to Obtain Compensation in a Surprise Premises Liability Claim
Arizona law contains provisions for how to obtain compensation for a premises liability claim. To obtain financial compensation for your losses, you must prove three things, and our Surprise attorneys at Gerber Injury Law will help you to do so:
- The owner created a dangerous condition on the property.
- The owner knew there was a hazardous condition.
- The dangerous situation existed for enough time for the property owner to know about it.
Obtaining compensation is possible if you and your attorney can provide enough evidence of one of the above claims. They could be liable if the owner knew about a hazardous condition and did not fix it or warn you. For example, if the owner knew the back steps on their house were rotted and you fell through and broke your ankle, you could receive damages.
Possible Defenses To A Surprise Premises Liability Lawsuit
Just because you file a premises liability claim doesn’t mean you will receive compensation. You can expect the defendant’s insurance company to contest the claim, but don’t worry: Our Surprise premises liability attorneys are familiar with the defenses below and will counter with evidence supporting your claim:
Open and Obvious Danger
A common defense is that the hazard on the property was open and obvious, so the danger was so clear that you should have been able to avoid it. For instance, if the steps on the front porch were missing and you fell onto the ground, the insurance company might argue it was an open and obvious danger.
You Contributed to Your Own Injuries
Arizona has a comparative negligence standard for personal injury claims, meaning the damages you may recover are reduced by your percentage of blame. For example, suppose you fall in a drug store because of a fractured floor tile, but someone saw you texting when you tripped. You weren’t watching your step, so the court might say you were 25% responsible for your injuries, reducing your compensation by that percentage.
The Defendant Didn’t Control or Own the Property
In a Surprise premises liability lawsuit, you need to be sure you name the correct defendant. For example, you may think you should sue the owner if you were hurt in a shopping mall. However, if you were in a drug store in the mall, the defendant could be the owner. Your Gerber Injury Law attorney will ensure you name the correct defendant in a lawsuit.
The Defendant Didn’t Know About the Danger
If the defendant didn’t know about the danger, they may not be liable for your losses. You must prove that the defendant knew and it was unreasonable for them not to know about the property hazard.
Unforeseeable Third-Party Behavior
Some businesses have a greater risk of danger and injury than others. For instance, a financial institution must take precautions to avoid robberies, such as with security personnel and cameras. You could argue there was insufficient security if you are hurt in a robbery. But if you’re injured in an auto parts store robbery, the defendant could argue it is unusual for a theft to occur there, so they aren’t liable for your injuries.
Possible Damage in a Surprise, Arizona Premises Liability Claim
You may receive the following damages in your premises liability lawsuit with your attorney’s assistance:
- Medical costs: Your medical bills should be covered for ER visits, doctor’s visits, surgeries, prescription drugs, rehabilitation, etc.
- Lost earnings: If you lost work time because of your injuries, you are entitled to those earnings. You also can get compensation for future lost wages.
- Pain and suffering: You could receive compensation for your mental and physical suffering.
- Punitive damages: You can receive additional compensation if the defendant’s inaction or action was especially negligent.
Call a Surprise, Arizona Premises Liability Attorney Now
If you were hurt on someone’s property recently, please call one of our Surprise premises liability lawyers today at 623-486-8300. Or, you may fill out our Gerber Injury Law contact form, and we will call you immediately. Our Gerber Injury Law premises liability attorneys have recovered more than $100 million in settlements and verdicts since 2001, and we will fight for compensation for your premises liability injuries.