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Premises Liability Attorney in Scottsdale Helping Clients Hold Property Owners Responsible for Their Negligence

When you visit a friend’s house, go grocery shopping, or spend the afternoon shopping at the mall, the possibility of injuring yourself is probably the very last thing on your mind. However, injuries resulting from an unsafe situation, such as wet floors or uneven ground, are all too common and can result in significant damages and require medical attention. Learn how premises liability claims work in Arizona and what an attorney can do to help you hold a negligent property owner responsible for your losses.

What Is a Premises Liability Claim?

A premises liability claim is a legal action taken against a property owner who was negligent in maintaining a safe environment. These claims can be made if an injury occurs due to dangerous conditions such as wet floors, unrepaired hazards, or negligent security. No matter if an individual owns a private residence, a restaurant, a grocery store, or an entire shopping mall, it is their duty to maintain their property and remedy any unsafe conditions for the safety of every visitor, client, and guest.

When a property owner fails to keep a safe environment, any person who gets injured while lawfully present on the premises may have a claim against the property owner. Premises liability claims are negligence-based, meaning the plaintiff (the victim) needs to prove that the property owner’s negligence was the direct cause of their injuries and resulting damages. It is always wise to consult a premises liability lawyer to discuss your case before taking action.

What Are Some Common Examples of Premises Liability Claims in Arizona?

There is a long list of different types of accidents and injuries that can be classified as premises liability claims. Here are some of the most common ones:

  • Slip and fall accidents due to wet floors, icy sidewalks, or uneven carpet.
  • Injuries caused by inadequate security, such as assaults at a shopping mall or parking lot
  • Falls caused by defective staircases or handrails
  • Injuries due to falling objects in a store or warehouse
  • Injuries caused by dog bites and dog attacks
  • Swimming pool accidents
  • Elevator or escalator accidents
  • Injuries caused by improperly maintained amusement park or playground equipment

What all these accidents have in common is the fact that someone ended up getting hurt because the property owner knew or should have known about the defect or dangerous condition in their premises and failed to take reasonable action to fix the problem or warn visitors about the risk of injury.

What Kind of Damages Can I Recover for My Premises Liability Accident?

If you are able to successfully prove that the owner of the property where your accident occurred is responsible for your injuries, you may be able to recover compensation for economic and non-economic damages associated with your injury. Economic damages are those associated with actual costs like medical expenses, lost wages, and other out-of-pocket expenses, such as the cost of repairing or replacing damaged property.

An injury resulting from a traumatic experience, such as a dog bite or an assault due to insufficient security, can affect the victim in more ways than just financially. For that reason, premises liability plaintiffs may also seek compensation for non-economic damages. These are the intangible and more subjective losses associated with the accident, injury, and recovery process, such as pain and suffering, emotional distress, trauma, and loss of enjoyment of life.

In general, the value of your claim is determined by the severity of your injuries and the damages you sustained as a result of the accident. While every case is unique, and there is no way to predict the outcome of any particular claim, plaintiffs who sustained severe injuries and significant damages may expect higher settlements than those who sustained mild injuries. For example, a plaintiff who suffered a traumatic brain injury resulting in permanent disability is likely to be awarded a higher settlement than someone who sustained a broken wrist. An attorney can help you understand how much your case may be worth.

How Much Time Do I Have to File a Premises Liability Claim?

A premises liability lawsuit is a type of personal injury claim, and because of that, it is subject to Arizona’s statute of limitations. A statute of limitations is a legal deadline that limits how much time you have to take legal action after being injured due to someone else’s negligence. In Arizona, the statute of limitation for personal injury claims is two years, counting from the date of the accident.

This is important because the statute of limitations affects your ability to seek compensation. If you allow two years to pass before taking legal action, your claim may end up being dismissed because the statute of limitations has expired. While two years may seem like a long time, it takes time to put together a strong case with all the evidence required to support your claim.

In addition, the longer you wait, the harder it is to recover relevant evidence for your case. Security camera footage gets erased, memories fade, and important details are lost. It is best not to wait and take action as soon as possible by contacting a premises liability attorney as soon as possible. The Wilson Ortiz Law Firm is here to help you navigate your premises liability case and fight to hold negligent property owners liable for your damages. If you have been injured and want to know if you have a solid premises liability claim, don’t delay and call the Wilson Ortiz Law Firm office in Scottsdale at 623-294-1442 to request a free initial consultation to discuss your case and see how we can help you.