Taking every possible measure to prevent accidents on your property comes under property management. Not making your property safe enough for guests and, to an extent, trespassers could result in an accidental injury, wrongful death, and other damages, leading to a personal injury case.
The Law of the Land
The law will only hold you responsible in the following cases:
- You knew about the existing hazards and did nothing to correct or prevent them.
- You should’ve known about the hazard(s) that led to the injury or death.
- You did the bare minimum despite knowing the danger these hazards posed.
Grounds for a Personal Injury Lawsuits Under the Premises Liability Law
Premises liability applies to all property owners who fail to take adequate steps to make their premises safer, increasing the chances of unintentional injury or death.
Below are some grounds for a premises liability lawsuit:
- Slip and fall accidents
- Animal attacks
- Hazardous property
- Security issues
- Non-compliant swimming pool construction
- Subpar maintenance
- Not safe for children
The Claimant’s Legal Status
In Arizona, a claimant’s status is very important.
An invitee has the highest chance of winning a personal injury lawsuit caused under someone else’s roof. Invitees enter the premises to give or receive services or products. For instance, a plumber enters a property to fix the plumbing, whereas a customer enters a retail store to buy products. Invitees receive the highest level of care during a lawsuit. The only way to avoid being on the giving end of this care is to take all safety measures, including repairs, regular maintenance, inspections, and hazard warnings.
You welcome a visitor or social guest into your home. Once they enter your premises, they’re your responsibility. Therefore, you must pay for their losses should they occur under your roof due to negligence.
Visitors are sometimes bunched with licensees, who enter a property for social reasons, with the owner’s permission. These people are usually entitled to recovery only when the owner knows about potential hazards but does little or nothing to correct them.
By inviting licensees and invitees into your residential or commercial property, you imply adequate safety measures. You have no such duty of care with trespassers, so accidental injuries, damages, or deaths aren’t your responsibility. However, if your property is arranged to cause intentional harm to a trespasser—think Home Alone—you might have to compensate them to a certain extent.
We can’t do much if your property is on the giving end of a personal injury. However, if you ever find yourself on the receiving end of an injury or damage, reach out to our Arizona law office for a free consultation. Our personal injury lawyers mediate and litigate slip and fall, burn, brain, and car accident injuries, among other practice areas.
Feel free to contact our law firm for more on liability law.
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