Premises Liability

You should be able to walk through a store, visit a restaurant, stay at a hotel, or enter another property without being put at unnecessary risk. A loose handrail, unsafe walkway, falling object, or another hazard can turn an ordinary visit into an injury that affects your health, work, and finances. When that happens, Arizona law may allow you to hold the responsible party accountable through a premises liability claim. 

At Rafael Tirado & Associates, our Phoenix, AZ premises liability lawyers represent people injured because of unsafe conditions on private and commercial properties. We can investigate what caused your injury, identify who may be responsible, and pursue compensation on your behalf. Contact us today to schedule a consultation. 

Premises Liability Cases We Handle

Unsafe property conditions can cause falls and other serious accidents. We handle premises liability claims involving conditions such as: 

• Wet or slippery floors: Spills, leaks, recently cleaned floors, and other slippery surfaces can cause serious falls. 

• Uneven surfaces: Broken pavement, potholes, damaged flooring, loose carpeting, and unexpected changes in elevation may create tripping hazards. 

• Unsafe stairs and walkways: Broken steps, damaged handrails, debris, and poorly maintained walking areas can put visitors at risk. 

• Poor lighting: Inadequate lighting can make stairs, obstacles, and other hazards difficult to see. 

• Falling objects: Improperly stored or unsecured merchandise and other objects may fall and injure customers or visitors. 

Our personal injury attorneys in Phoenix can review the circumstances of your accident and determine how Arizona premises liability law may apply to your claim. We can also explain your options for pursuing compensation from the responsible party. 

Who May Be Responsible for an Unsafe Property?

The property owner is not necessarily the only party that may be responsible for an unsafe condition. Depending on who possessed or controlled the property and the circumstances of the accident, responsibility may involve a business, tenant, property manager, maintenance company, or another party. 

Determining who owned, occupied, managed, or otherwise controlled the area where you were injured is an important part of your claim. We can identify the appropriate parties and assess whose actions or failures may have contributed to your injuries. 

Building a Premises Liability Claim Under Arizona Law

An injury on someone else's property does not automatically mean the property owner or business was negligent. You generally need to show that the person or business responsible for the property had a legal duty to protect you from unreasonable risks, failed to act with reasonable care, and caused an injury that resulted in losses. 

For example, a business must use reasonable care to keep areas open to customers reasonably safe. This may require the business to inspect for hazards, correct dangerous conditions it knows or should know about, or provide an adequate warning when appropriate. The exact responsibility depends on the circumstances, including the type of hazard and whether the business had a reasonable opportunity to discover and address it. 

A dangerous condition also does not automatically become the customer's responsibility simply because it was visible. Under Arizona law, a business may still have a duty to use reasonable care even when a dangerous condition is open and obvious. However, whether you could see or avoid the hazard may still be considered when determining whether the business acted reasonably and whether you share any responsibility for the accident. 

We can investigate whether the person or business responsible for the property knew or should have known about the dangerous condition and had an opportunity to address it. Surveillance footage, maintenance and inspection records, incident reports, photographs, witness accounts, and evidence showing how long the hazard existed may help establish what happened. 

Compensation We Can Pursue for You

A premises liability injury may affect your health, ability to work, and finances. We can document the losses caused by the accident and pursue compensation available under Arizona law. Depending on the circumstances of your case, your damages may include: 

• Medical expenses 

• Future medical care 

• Lost income 

• Reduced earning capacity 

• Pain and suffering 

• Other losses caused by the injury 

What If the Insurance Company Says You Were Partly at Fault?

A property owner or insurance company may argue that you should have noticed the hazard or that your actions contributed to the accident. Under Arizona's comparative negligence law, being partly at fault does not necessarily prevent you from recovering damages. 

Instead, your damages can generally be reduced according to your percentage of fault. For example, if you were found 20% responsible for the accident, the damages awarded to you would generally be reduced by 20%. 

We can review the evidence and respond when an insurer or another party argues that you share responsibility for your injury. 

Arizona Deadline for Premises Liability Claims

Under Arizona law, you generally have two years after a personal injury claim accrues to file a lawsuit. Different deadlines may apply depending on who is responsible for the property and the circumstances of your claim. 

Waiting to pursue a claim can also make important evidence harder to obtain. Surveillance footage may be overwritten, property conditions can change, and witnesses' memories may fade. We can determine which deadlines apply to your claim and begin gathering available evidence as soon as possible. 

Why Choose Rafael Tirado & Associates?

We bring more than 20 years of legal experience to clients in Arizona. Our founding attorney, Rafael Tirado, has successfully recovered millions of dollars for clients in personal injury, accident, and wrongful death cases. He is licensed in Arizona and Mexico and is admitted to practice before the U.S. District Court for the District of Arizona and the U.S. Courts of Appeals for the Ninth and Tenth Circuits. 

Our associate attorney, Aadi Palaniappan, earned his J.D. from Washington University in St. Louis and is admitted to practice in Arizona, Pennsylvania, and Illinois. Together, our attorneys provide personalized attention, clear communication, and direct access to our legal team. 

We serve clients in both English and Spanish, as Rafael Tirado is bilingual in both languages. For people seeking help after an accident, we are available 24/7 to discuss what happened and their legal options. 

Contact Our Phoenix Premises Liability Attorneys

If an unsafe condition on someone else's property left you injured, we can help you determine your next steps under Arizona law. Acting promptly can also give us more time to preserve evidence and protect your ability to pursue a claim. 

At Rafael Tirado & Associates in Phoenix, Arizona, we represent injured clients throughout Phoenix, Florence, and Eloy. Call us now to schedule a consultation and discuss your premises liability case.