LOOKING FOR AN ATTORNEY FOR A PREMISES LIABILITY ACCIDENT?
Property owners have the responsibility to uphold a safe atmosphere on their grounds. If their property has unsafe conditions and a visitor suffers from an injury, the owner may be held responsible. There are countless types of accidents that can take place on someone else’s property. Our Phoenix personal injury lawyers have experience taking on any of the following premises liability cases:
- Slip and falls
- Dog attacks
- Swimming pool accidents
- Trip and falls
- Falling objects
- Inadequate security
- Elevator/ escalator accidents
- Construction accidents
- Day careaccidents
Any of the following accidents can result in severe injuries such as broken bones, assaults, lacerations, fractures, brain trauma, spinal cord injuries and many others. You may be able to hold the property owner at fault for your injuries and receive the compensation that you deserve.
PROVING NEGLIGENCE IN A PREMISES LIABILITY CASE
When pursuing damages, you will need to prove that the property owner acted negligently or did not act in a way that a reasonable property owner would have. To prove negligence you must establish all of the following:
- The conditions on the property were dangerous
- The owner was aware or reasonably should have been aware of the unsafe condition
- The property owner had a reasonable opportunity to make others aware of the condition or fix the condition before the injury occurred
In order to help your case, it is important to do all that you can to preserve evidence after the accident. This can include taking pictures, collecting samples of liquids, storing your clothing in a zip lock bag, taking witness statements, obtaining medical records and anything else to support your claim. In order to prove fault of the property owner, they must have either caused the unsafe condition or failed to perform reasonable maintenance of the property. This is done by using a “reasonably safe” determination.
To decide if the property owner maintained a reasonable safe property for visitors, the law looks into many factors. First, was the visitor invited or were they trespassing? If the owner did not have reason to believe a person would be on the property, they may not be liable for injuries. Second, what is the property supposed to be used for? If the visitor was using the property in a way that it is not meant to be used, the visitor may be liable for their own injuries. Third, would a reasonable property owner have anticipated the accident? If not, the owner may not be held responsible. Lastly, did the owner maintain a reasonable effort to fix the unsafe condition or warn visitors of the condition? If they did not, they may be at fault, but if they did then the visitor may be at fault.
RECOVERING COMPENSATION FOR YOUR INJURIES
If you are able to show that the property owner did not fulfill their duties of maintaining a safe environment, you may be able to recover damages. With the help of a skilled Phoenix personal injury attorney from our firm, you could receive compensation for all of the following damages:
- Lost wages
- Future lost income
- Diminished quality of life
- Medical costs
- Pain and suffering
- Reduced future work ability
If you were hurt on someone else’s property, it is important to have highly-qualified legal representation to help you through the premises liability process. Contact a Phoenix premises liability attorney from the firm to learn how we can help. Palumbo Wolfe & Palumbo has over 90 years of combined experience helping injured victims fight for compensation.
Call today to set up a free consultation and begin your case!