What is a premises liability claim?
This is a legal term used in most cases where a person is injured while on another person’s property, either because of some unsafe or defective condition on the property.
And to win a premises liability case, the injured person must show that the property owner was negligent with respect to the property and/or the maintenance of the property.
However, premises liability claims can be some of the most difficult cases to prove; and it is also important to know that the property owner can prove that he or she did not take negligent actions and did not know that his or her premises were in an unsafe condition.
A premises liability claim is generated by fear of a legal demand letter asking to be compensated for accident, financial loss, personal injury, or death while the victim was on that property.
Premises liability laws change from state to state, but in Arizona, property owners are required to protect guests, licensees, and trespassers. Virtually anyone from harm they may suffer while on their property.
Duty of Care
Citizens owe a duty of care to others and as strange as it may seem, even while in a home or business, various actions can occur that endanger the welfare, health, or life itself of a third party.
Several states require that property owners have reasonable care and maintenance actions in place to provide a safe space for all those who enter the premises.
For that reason, it is very important to have a local lawyer -since, as we mentioned before, the rules vary from one state to another- and specialized in accidents and personal injuries; since, if a person has or is suing for a liability claim, the attorney will indicate if this danger is reasonable or not.
For example, reasonable ones are those that can be seen with the naked eye or that could have been easily avoided; while, on the other hand, an unreasonable one is when there was no reason to know about that danger, which was difficult to notice and which you, as the owner, did not know about.
Know the main types of liability claims
- Property damage claims
- Slip and fall
- Product liability
- Improper maintenance of premises
- Personal injury
- Snow and ice accidents
- Inadequate safety
- Elevator and escalator accidents
- Dog bites
- Water leaks, floods, fumes, or toxic chemicals.
- Swimming pool accidents
As you can see, premises liability cases include a wide range of possible scenarios and, of course, each premises liability claim is unique and each case must be carefully analyzed, whether you are the owner or the person who suffered the accident.
Together we can learn about your options.
At Rafael Tirado & Associates we have accidents and personal injury lawyers, also we are an experienced premises liability law firm.
Call us at (602) 266 0292, write us online or visit our offices in Phoenix or Mexico and get a free legal consulting to find out how we can help you. Our attorneys will be happy to provide you with the legal advice you need.