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Prescott Premises Liability Lawyer

Prescott Premises Liability LawyerWhen you are on another person’s property, even a private residence, the owner of that property has a duty to keep it safe for their guests or patrons. If you are injured while on another’s unsafe property, you may have recourse to claim premises liability for your injuries.

In the event of an injury resulting from unsafe premises, responsibility can easily shift from guest to property owner. Determining negligence in these situations takes an all-encompassing legal understanding. To get the recovery you’re entitled to; it takes extensive legal knowledge and commitment to effectively represent your case. An attorney who can promptly evaluate and communicate your options to you in these difficult situations is invaluable. Please contact the Jensen Phelan Law Firm, P.C. today for help with your case. Our Prescott premises liability attorneys have the experience and dedication you need. Call our legal team at (928) 778-2660 or contact us online for a free consultation.

What Is Premises Liability?

A premises liability theory holds that property owners and occupiers are generally responsible for preventing personal injury on their premises. Landowners who violate that duty may be held responsible for any injuries that result from their actions.

Private landowners, tenants, business owners, and commercial establishments are governed by the premises liability doctrine. Visitor protection requires property owners to meet certain obligations depending on the type of visitor and the purpose of the visit, such as to warn of known dangers, to maintain the premises safely, etc. During a free consultation, the premises liability lawyers at the Jensen Phelan Law Firm in Prescott can tell you about a property owner’s duties and liabilities under the facts in your case. Meanwhile, our overview is provided below.

Arizona Businesses’ Duties to Invitees

An invitee is a visitor with permission to enter a business, whether expressed or implied, such as a customer at a department or grocery store. According to Arizona law, business owners are responsible for alerting customers to any dangerous conditions on their properties. If a business fails to warn of an unsafe condition and serious injuries result, it may be held liable if: 

  • It was aware of the dangerous condition, or
  • A business’ worker created a dangerous condition, or
  • An employee at the business should have discovered the dangerous condition since it existed for quite some time

Owners of Arizona Properties Have Responsibilities to Licensees

In general, a licensee is a person who visits a property without any commercial motive, usually a guest for social reasons. All non-obvious dangers that a landowner knows must be disclosed to licensees. When children visit a property, the landowner must warn them about hazards that may not be as obvious to them. 

Arizona Property Owners and Trespassers Rights 

An individual who enters another person’s property without permission is a trespasser. As a general rule, landowners are not responsible for injuries inflicted on trespassers unless they caused them intentionally, for instance, by setting traps for them to fall into.

There is, however, a higher duty of care owed to child trespassers in certain situations. If a child is injured on a property after being attracted to something on that property, the landowner could be held liable. If the landowner knows about a danger that may attract children, then they must take reasonable steps to protect them. Swimming pool fences are an example of proper child safety that property owners must employ to keep young trespassers out of harm’s way.

Negligent or Inadequate Security in Arizona

If a property owner fails to adequately secure their premises, third parties may also be able to claim injuries arising from attacks on their property. A variety of related problems can occur on properties of all types, including damaged locks in apartment buildings, improper lighting in parking garages, and insufficient security personnel in retail stores.

What Constitutes Premises Liability?

Property owners have a responsibility to keep their location safe for all patrons and guests. Anything left in a dangerous condition is grounds for an injury. This means that any of the following should be remedied or properly marked so you can avoid injury:

  • Uneven stairs
  • Uneven walkways
  • Slippery walkways
  • Swimming pools
  • Trampolines
  • Slips, trips, and falls
  • Falling objects
  • Dog bites
  • Assaults occurring because of a lack of security or lighting
  • Dangerous parking lots

If you or your loved one experienced injuries due to the list we have provided above, you must contact a premises liability lawyer in Prescott, Arizona. Injuries that are caused by dangerous conditions that could have been prevented have the right to seek compensation.

How Our Prescott Premises Liability Lawyers Can Help

Even though you may have willingly been at a store or a person’s home, they still must maintain their property effectively enough so that others are protected from injury. If this isn’t the case, our Prescott personal injury attorneys can help you prove negligence and seek financial damages. When you’re injured, the primary goal is getting yourself effective care and getting healed. Outrageous medical bills make this very difficult, so our attorneys will help you sue for medical expenses, negligence, insurance company claims, and rehabilitation. In the event of wrongful death, we can pursue justice and maximum compensation for your family and loved ones. The attorneys of Jensen Phelan Law Firm can help you navigate the following step by step: 

  • Examine your claim. A skilled attorney will investigate your accident in depth. This might include collecting accident reports, photographs, medical documents, employment contracts, and security footage that may have captured your accident. Oftentimes, your attorney will visit the scene of the accident or engage a professional to do so. To demonstrate the property owner or business owner’s negligence and the magnitude of your damages, it is very important to investigate your claim in a timely fashion.
  • Consult witnesses. We can interview potential eyewitnesses and obtain statements shortly after your accident. This needs to be done promptly, or witnesses may lose their memory of the incident once it has happened. 
  • Determine who is responsible. You may be entitled to compensation from multiple sources rather than a single property or business owner. By identifying all possible parties, you will increase the chances of receiving a full settlement. In investigating your claim, an attorney will be able to track down and contact all parties who may be responsible for your injuries.
  • Assess the value of your claim. Experienced premises liability attorneys can assess the compensation you are due based on the strengths and weaknesses of your claim, the full extent of your losses, and their experience resolving claims of similar nature. 
  • Obtain expert testimony. A doctor or other expert witness is usually needed to verify the extent of your injuries in a premises liability case. For instance, someone with expertise in accident reconstruction, flooring, vocational rehabilitation, or finance may also be needed to prove liability and the value of damages you are owed. If needed, our attorneys have an extensive network of qualified experts they can call upon.
  • Reach an agreement with your insurer. Using a seasoned attorney to negotiate with insurance companies will improve your chances of reaching a fair settlement. Their experience will enable them to anticipate insurance adjuster arguments, as well as methods for minimizing or denying your claim. Additionally, an adjuster will be more generous in settlement negotiations if your attorney has a reputation for going to trial when the settlement offer is too low.
  • Take legal action. Occasionally, a settlement cannot be reached. When settlement negotiations fail, your attorney can file a lawsuit for you before the statute of limitations has expired.

Hire a Qualified Premise Liability Lawyer in Prescott Today

At the Jensen Phelan Law Firm, we are dedicated to defending the rights of injured victims and securing the compensation to which they are entitled so that they can begin to move forward in life. We know how to navigate these difficult types of cases and don’t shy away from challenging cases. 

Contact our Prescott premises liability lawyers today so we can help. You can reach us by filling out our contact form or calling (928) 778-2660. We proudly serve injury victims in Yavapai County, Prescott, Prescott Valley, Cottonwood, and the surrounding areas.