Getting injured while on someone else’s property is never ideal. But this is often something that is out of our control. If you’ve sustained an injury on someone’s property due to human negligence that created an unsafe situation for visitors, then the owner of the property could be liable for damages. In this post, we will give an overview of the most common premises liability accidents as well the steps you can take if you were injured on another person’s personal property or the premises of a business or other retail establishment.
The most common liability accidents in Arizona consist of animal dog bites, inadequate maintenance, restaurant liability, retail store liability, slip, and fall accidents, and swimming pool injuries. In many of these cases, the owner or occupier is usually held liable if an injury occurs due to their mismanagement of the property.
In the case of animal and dog bites, these injuries can occur due to the mishandling of an individual’s pet. Dog bite injuries are among the top 12 non-fatal injuries that are experienced worldwide, and are one of the more common injuries that can occur.
Imagine a scenario where a dog wasn’t well socialized and should’ve been on a leash when outside in the park. Left unattended, the dog attacks a human that it felt threatened by.
Dog bites that happen in this manner can result in the dog owner being sued for huge sums of money—money which the injured party is entitled to if it can be proven that the owner was negligent in properly supervising their dog.
It is important to know that dog bite incidents carry a statute of limitations of up to 2 years from the date of the bite in Arizona.
Inadequate maintenance can be an issue in apartment and condo complexes where the maintenance staff and management team failed to take care of structural issues with the building or other maintenance on the property that resulted in a tenant or homeowner getting injured.
If the HOA has not taken care of its maintenance duties, the entire association could be held liable for any injury that occurred due to its lack of maintaining proper safety conditions.
Restaurants carry tremendous food safety liabilities as well as maintenance liabilities. Customers who get sick from eating contaminated food, or get injured due to a cook dropping a sharp object such as glass in a customer’s food could find themselves on the other end of a lawsuit. While most restaurants carry general liability insurance to protect them against food poisoning lawsuits, they can still be held liable if their negligence resulted in a serious injury that could have been prevented if they had maintained the proper standard of safety in their establishment.
Retail stores are responsible for keeping a safe environment for their customers to shop in. If a heavy product display or shelf falls on a customer due to improper installation, this could be grounds for legal action. In addition, customers who fall on a wet and slippery floor that wasn’t properly marked with a caution sign could once again have the right to sue the retailer after sustaining an injury. Much like restaurants, retail stores are also required to carry a certain level of insurance. However, if their negligence is clear and obvious even the best insurance policy will not protect them from creating an unsafe environment.
Throughout the US, falls account for over 8 million hospital emergency room visits, representing the leading cause of visits (21.3%). Slips and falls account for over 1 million visits, or 12% of total falls. If you slip and fall in a retail store, restaurant, or someone else’s personal property, you could have the right to seek reparations for any injury that you sustain due to the property owner’s negligence. If it was a true accident such as falling down a set of stairs that were built and maintained safely and properly, then the owner might not be to blame. However, if the owner of the property created the dangerous conditions necessary for the injury to occur, then they could be held responsible for any injuries you sustained on their watch.
If you slip and fall on someone else’s property, you may have a valid insurance claim or personal injury lawsuit against the owner of the property. This is because property owners are required to keep their property reasonably safe. In Arizona, the most common slip and fall cases occur in commercial buildings like grocery stores and retail stores.
Swimming pools can be a major liability. In 2020 alone, Arizona authorities reported 147 drowning incidents resulting in 47 deaths. While this may not seem like a lot in the grand scheme of things, the truth is that these numbers are rising steadily and can result in some serious legal trouble for swimming pool owners who did not have adequate fencing leading up to the drowning incident.
Having given an overview of the most common premises liability accident situations, we’d like to take this opportunity to go over what your options are if you’ve sustained an injury because of a property owner’s negligence.
While it many times might seem difficult to prove that the owner was at fault, it is important to realize that the law requires real property owners and occupiers to follow stringent safety protocols regarding the property being used to serve the public. This is especially true for large businesses and retailers, and can even apply to individual homeowners having people in their home whether that is for business or otherwise.
Knowing that there are safeguards in place to protect home guests, retail customers, and other members of the general public is critical when choosing to pursue legal action. Understanding your rights can help you receive reparative payments if it is found that your injury was sustained due to the premises being unsafe.
Now that you have an idea of the main situations that could call for an injury suit, it is important to find an experienced attorney that can help you navigate the litigation process. Oftentimes, individuals who are injured on a major consumer retailer or restaurant’s property have a hard time fighting against a large and powerful corporation who will do anything in their power to protect themselves from being financially responsible for any injuries that were sustained on their property.
However, having a good attorney that has experience dealing with premises liability accidents in Arizona can make all the difference in the world when trying to get the money you deserve from sustaining an injury through no fault of your own.
Attorneys who are experienced in premises liability law will know exactly what constitutes negligence on the property owner’s part and will be able to get you the money you deserve in an efficient and straightforward matter.
If you’ve recently been injured on someone else’s property, whether that is an individual homeowner, a large restaurant, or a retailer, you deserve to work with someone who can help you navigate premises liability injury law flawlessly. It is important to remember that customers, guests, and any other individual should expect a certain level of safety standards when visiting someone’s property. If those standards were not met at the time of the injury, then the business owner or homeowner should be held responsible for creating the conditions for the accident to occur.
Overall, sustaining an injury is never something you want to happen. But you can at least have the peace of mind to know that if you do get injured on the premises of another business or individual’s property, that there is legal recourse to support you during your time of recovery.
If there is anything to be gained from this article, it is that business owners and individual property owners must provide a safe environment to their customers and visitors. If this obligation is violated and results in a guest being injured, then they will have to pay the price for breach of duty. Consulting an attorney that can get you the money you deserve for getting injured on someone else’s property is paramount. By knowing the most common incidents that result in premises liability accidents, you will be in a better position to identify what type of legal action you should take should a terrible injury happen to you through no fault of your own while on the premises of a property owner or major business.