If you have been injured as a result of premises liability, you may be entitled to file a lawsuit to fight for compensation. Walking on someone’s property presents the expectation that the manager or owner of that property has maintained it safely enough so as to avoid reasonable hazards. Owners and managers of property have a responsibility for maintenance that leads to a generally safe environment. Premises liability as a legal theory holds that residents and property owners can be liable for injuries and accidents that happen on the property.
There are many different kinds of accidents that can occur in the realm of premises liability. This includes slips and falls, which are the some of the most common types of accidents that happen in this realm. In order to determine the status of the visitor on the property, there are four different things to consider. The determination of the status of the person on the property has a significant ramification for who may be held responsible in this particular case.
There are four typical labels that apply. Social guests, licensees, invitees, or trespassers. A social guest is a welcome visitor to the actual property. A licensee is someone who enters the property for his or her own purpose or as a social guest and is there with the consent of the owner. Someone who is invited is a person who has been invited on to the property of someone else like a customer who visits a store. Finally, a trespasser enters a property without any right to do so.
In many different cases involving premises liability, the courts have determined that if a property owner or manager knows that it is highly likely trespassers will be on the property, he or she could be charged with duty to give reasonable warnings about preventing injuries. In general, individuals who are trespassing on a property without permission may not be entitled to funds through a premises liability lawsuit.
A court might also determine that both parties are at fault and damages can be reduced by the percentage that the person claiming the injuries was responsible for the accident. There are also special liability rules that apply to landlords of properties. Usually this is that a lessor is not liable to a lessee or any other individual for physical harm that happens as a result of a condition on the property. This is largely based on the fact that it is assumed that the landlord has somewhat of a lack of control over the property after is has been leased to someone. If you have been injured, contact an Arizona personal injury attorney.
This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice regarding Who Is Responsible in a Premises Liability Claim?, or any other personal injury, please feel free to contact Brian T. Allen at 480.461.5335, log on to udallshumway.com, or contact an attorney in your area. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.