Arizona Premises Liability Lawyer
Arizona Premises Liability Lawyer
Most personal injury cases are based on negligence and premises liability claims are no exception. A person who was injured on another’s property must show the owner of the property was negligent in that the owner knew or should have known there was a hazard on the property that could cause injury.
Negligence means the owner of the property did not use reasonable care in connection with the property, however, simply because you were injured on another’s property does not automatically prove negligence. Neither is negligence proven simply because an unsafe condition existed on the property. It must be shown that the owner of the property was aware—or should have been aware—that an unsafe condition existed yet failed to remedy the situation.
Arizona, like many states, limits the landowner’s duty of care depending on the status of the visitor, which is divided into three categories:
- Invitee. An invitee is a person who has either implied or expressed permission from the landowner to enter the property. Invitees could be friends, relatives, or neighbors of a personal property owner—or even those invited to a party.
For public property, an invitee could be a shopper at a grocery store, a person eating at a restaurant, a contractor performing work, a delivery person, or a retail store customer. Invitees can be business invitees or public invitees like those who are visiting a public park or public library. Invitees are owed a duty of care from the landowner to keep the property reasonably safe.
- Licensee. A licensee is also a person who has implied or expressed permission to enter the property but is coming onto the property for his or her own purposes. A licensee is not a customer but is not a trespasser either. A licensee is on the premises for his or her own interests or convenience.
Examples of a licensee would be a utility company worker digging up your yard to work on a water line, an acquaintance who stops by unannounced and enters your home, a salesman, or someone who has your permission to hunt on your property.
As a licensee, you have a higher standard to meet in order to recover damages than an invitee would under the same circumstances. A landowner only owes the lesser duty of warning the licensee of any dangerous condition that created an unreasonable risk of harm if the landowner knew about the condition and the licensee is not likely to discover the condition.
- Trespasser. A trespasser is a person who is not authorized to be on the property. While landowners traditionally owe no duty of care to trespassers, there are exceptions. If the trespasser is a child, and there is a swimming pool or other condition on the land that could foreseeably cause harm to a child, then the landowner must fence off the danger to prevent a child from being harmed. As far as adult trespassers go, property owners are not responsible for injuries unless the property owner has deliberately set a “trap” that could cause serious harm to trespassers.
Why Choose the Arizona Premises Liability Lawyers from Ciccarelli Law Offices?
If you have suffered injuries on another’s property as an invitee or licensee, due to a known danger or hazard, you could be entitled to damages from the property owner. The Ciccarelli Law Offices have helped many people injured through the negligence of a property owner and will ensure you receive equitable compensation for your injuries.
You need lawyers that understand the issues you now face due to your injuries, and the financial difficulties you face because of your accident. The Ciccarelli lawyers have the conviction to make a difference and will be there when you need them the most. We bring big-city premises liability experience to your case, serving clients who need that experience. We are dedicated to fighting for those who desperately need their settlement to pay for their lost wages and medical expenses.
The Ciccarelli Law Offices have hundreds of Five-Star Reviews from satisfied clients. Attorney Lee Ciccarelli has been recognized as:
- Having the highest rating (10.0) by AVVO
- One of the Top 100 Litigation Attorneys by the American Society of Legal Advocates.
- Super Lawyer
- Top 100 Trial Lawyer by the National Trial Lawyers Association
- TEN Best Client Satisfaction Award by the American Institute of DUI/DWI Attorneys
At Ciccarelli Law Offices, we understand that you have choices for your premises liability claim attorney, and we hope you will choose Ciccarelli Law Offices.
What Compensation is Available Following an Arizona Premises Liability Accident?
Having an experienced premises liability attorney from Ciccarelli Law Offices by your side allows you to really understand what compensation you are entitled to receive. Our attorneys can properly value your claim, then negotiate a fair settlement on your behalf. You could be entitled to the following compensation following your premises liability accident:
- Medical expenses. You are entitled to reimbursement for medical expenses incurred up to this point, as well as future medical expenses if your injuries are expected to take a long time to fully heal. Medical expenses can include hospital costs, surgical expenses, physician expenses, prescription drug costs, and the cost of rehabilitative therapies.
- Lost wages. You are entitled to lost wages if your accident and subsequent injuries prevented you from returning to work for a short period of time, or for a longer time. If your injuries are so severe that you will be unable to return to work for a very long time, you could be entitled to future lost wages.
- Pain and suffering. Pain and suffering damages compensate you for actual physical pain as well as emotional pain and trauma. Pain and suffering damages are considered general damages, meaning they are much more difficult to quantify or put an actual number on. Pain is a very subjective issue, meaning it is difficult for a jury to know how much your pain and suffering affect your life. Because of this, your attorney may bring in experts who can calculate just how much your day-to-day life as well as your work life is affected by your physical and emotional pain.
- Wrongful death damages. If a premises liability accident resulted in the death of a loved one, you may file a wrongful death claim. Damages for a wrongful death claim include medical expenses, lost wages and future lost wages, funeral and burial expenses, and compensation for the loss of support and companionship from the decedent.
- Punitive damages. If the negligent party’s actions were willful or malicious, then punitive damages could be awarded as well. Punitive damages are meant to punish the negligent party as well as to deter similar behavior by others.
What Are Some Examples of Premises Liability Claims?
There are many different types of premises liability claims, such as:
- Slip and fall claims are the primary cause of premises liability claims. A slip and fall accident occurs when you slip or trip on another’s property due to a known hazard such as:
- Wet or slippery floor
- Broken staircase or missing handrail on a staircase
- Accumulation of ice and snow inside a building
- Extension cords across walkways
- Torn carpeting
- Unsecured rugs
- Extra-high thresholds
- Broken sidewalks
- Potholes in parking lots
- Accidents due to snow and ice
- Inadequate maintenance of the premises
- Defective conditions on the premises
- Inadequate building security that leads to injury or assault
- Escalator accidents
- Dog bite injuries
- Swimming pool injuries
- Accidents occurring at an amusement park
- Water leaks or flooding
- Chemicals or toxic fumes
What Are the Most Common Injuries Resulting from Premises Liability Claims?
Slip and fall injuries often cause broken bones, scrapes, and bruises, but can also cause head and neck injuries, even traumatic brain injuries. Traumatic brain injuries can cause lifelong problems for the victim as well as for his or her family members. In some cases, a slip and fall can result in internal injuries or internal bleeding. Back and spinal cord injuries from a slip and fall accident can include fractured vertebrae or a slipped or herniated disc, causing significant pain and mobility issues.
Shoulder and neck injuries can occur from a slip and fall, or from overexertion while trying to catch yourself during the fall, including muscle sprains, spinal injuries, and even paralysis. Unfortunately, slip and fall injuries may be discounted, even though they can be extremely serious. Swimming pool injuries, which usually involve a slip and fall on a slippery surface can also be very serious, often resulting in fractures or head and neck injuries because of the hard surface.
What Are the Statutes of Limitations for Premises Liability Accidents in Arizona?
The statute of limitations for a premise liability accident in the state of Arizona is two years from the time of the accident. It is extremely important that you speak to an attorney from Ciccarelli Law Offices as quickly as possible following your premises liability accident.
Even though the state allows two years from the time of the accident to file your claim, the sooner your attorney can begin investigating your claim, the better for you, your future, and your settlement. Hiring an attorney from Ciccarelli Law Offices means you pay nothing upfront and we only get paid if we secure a settlement on your behalf.
Call Our Arizona Premises Liability Lawyers Today
If you suffered an injury in an accident on another person’s property in Phoenix, Chandler, Tempe, or anywhere in the state of Arizona, our law firm is here to help you. At Ciccarelli Law Offices, our Arizona premises liability lawyers have the experience and resources you need to investigate, litigate, and win difficult premises liability cases. Whether you slipped and fell in a casino or at Walmart, we can help.
Let Attorneys Lee Ciccarelli and his team help you through this difficult time in your life. Call us today to begin fighting for justice after a serious slip and fall or premises liability accident.