Arizona Premises Liability Lawyer
Property owners and businesses have responsibilities toward people who lawfully enter their premises. When an unsafe condition causes a serious injury, the injured person may have a premises liability claim against a property owner, business, property manager or another responsible party.
The Maerowitz Law Firm, LLC represents people injured on dangerous properties in Phoenix and throughout Arizona. We investigate how the injury happened, preserve important evidence, identify potentially responsible parties and pursue compensation supported by the facts and injuries.
CALL 480-927-3700 FREE & CONFIDENTIAL CONSULTATIONWhen Can a Property Owner Be Responsible for an Injury?
Premises liability is an area of personal injury law involving injuries caused by unsafe conditions on property. These cases can arise at stores, restaurants, apartment complexes, hotels, parking lots, offices, entertainment venues, private residences and many other locations.
The fact that someone was injured on another person's property does not automatically establish negligence. A premises liability claim requires careful evaluation of the dangerous condition, the property owner's responsibilities, what the owner or business knew or reasonably should have known, and whether reasonable steps were taken to protect lawful visitors.
An experienced Arizona premises liability lawyer can investigate these issues, preserve evidence before it disappears and evaluate the insurance coverage and compensation potentially available after a serious injury.
Businesses Must Exercise Reasonable Care — But They Are Not Insurers of Everyone's Safety
Arizona law recognizes a duty of reasonable care owed by businesses to customers and other business invitees. That generally includes taking reasonable steps to keep areas used by customers reasonably safe.
Depending on the circumstances, reasonable care may involve inspecting the property, correcting unsafe conditions or providing appropriate warnings about hazards that have not yet been corrected.
At the same time, the mere fact that an accident occurred does not prove that a property owner was negligent. Liability generally depends on what created the dangerous condition, whether the responsible party knew or should have known about it, whether reasonable precautions were taken and whether the condition caused the injury.
A strong premises liability investigation looks beyond the accident itself. Inspection practices, maintenance records, surveillance video, prior complaints, employee knowledge, photographs and how long a dangerous condition existed can all become important.
Injuries Can Result From Many Types of Unsafe Property Conditions
Premises liability is broader than any one type of accident. The important question is whether an unsafe property condition or unreasonable failure to address a foreseeable danger contributed to the injury.
Slip & Fall Accidents
Injuries involving spills, leaks, liquids, debris, slippery surfaces and other walking hazards.
Trip & Fall Accidents
Claims involving uneven flooring, unexpected elevation changes, damaged walkways, obstacles, cords or other tripping hazards.
Unsafe Stairs & Handrails
Injuries involving broken steps, defective stairs, loose or missing handrails and other unsafe stairway conditions.
Falling Objects & Merchandise
Claims involving merchandise, equipment or other objects that fall from shelves, displays or elevated locations.
Unsafe Parking Areas
Injuries involving damaged pavement, potholes, poor lighting, walkway hazards and other unsafe parking-lot or garage conditions.
Inadequate Lighting
Claims in which insufficient lighting contributes to a fall, collision or inability to identify another dangerous property condition.
Negligent Security
Certain cases may involve allegations that unreasonable security failures contributed to a foreseeable injury on a property.
Pool & Recreational Hazards
Injuries associated with swimming pools, recreational areas and other property features where unsafe conditions may be involved.
Other Dangerous Property Conditions
Other serious injuries caused by unsafe maintenance, property defects or hazardous conditions may also support a premises liability investigation.
Did the Property Owner Know — or Should the Owner Have Known — About the Danger?
In many Arizona premises liability cases, one of the central questions is notice. Evidence may show that the property owner or its employees created the dangerous condition, actually knew about it or reasonably should have discovered it before someone was injured.
When the issue is constructive notice, the length of time the condition existed can become important because a property owner generally must have had a reasonable opportunity to discover and address the danger.
An “Open and Obvious” Condition Does Not Automatically End an Arizona Premises Liability Claim
Property owners and insurance companies may argue that an injured person should have seen or avoided a particular condition.
Under Arizona law, however, the fact that a condition may have been open or visible does not automatically eliminate the duty a business owes to its invitees. The obviousness of a condition can instead be part of the broader analysis of whether reasonable care was exercised and whether the harm should have been anticipated.
That means photographs, measurements, lighting, sight lines, distractions, placement of merchandise and the surrounding circumstances can all be relevant when evaluating what happened.
Evidence Can Disappear Quickly After a Premises Accident
Unsafe conditions may be cleaned, repaired or changed shortly after an accident. Surveillance footage can be overwritten. Employees and witnesses can become difficult to locate. That makes early investigation particularly important.
Depending on the case, important evidence may include:
Dangerous Property Claims Can Arise Almost Anywhere
What if the Property Owner Says You Were Partly at Fault?
Insurance companies sometimes argue that an injured person was distracted, failed to watch where they were going or otherwise contributed to the accident.
Arizona follows a comparative fault system. When comparative negligence applies, an injured person's damages can generally be reduced according to the percentage of fault attributed to that person rather than automatically eliminating the entire claim.
Fault should be evaluated using the complete evidence, including the condition of the property, what the owner knew, visibility, warnings, inspection practices and the circumstances immediately before the injury.
What Compensation May Be Available After a Property Injury?
The value of a premises liability claim depends on the nature and severity of the injuries, medical treatment, recovery, evidence of liability, available insurance and other circumstances.
How Long Do You Have to File an Arizona Premises Liability Claim?
Arizona generally provides a two-year limitations period for personal injury lawsuits. That does not mean every premises liability case has the same deadline, and waiting until the end of that period can create serious practical problems with evidence.
Cases involving a government entity, public property, public school or public employee can have substantially shorter requirements. Arizona law generally requires a qualifying notice of claim within 180 days after accrual, and actions against public entities or employees are generally subject to a one-year limitations period.
Surveillance footage, inspection records, photographs and witness memories can disappear long before a statute of limitations expires. Speaking with an attorney early can help identify the applicable deadline and preserve evidence.
Claims Involving Government Property Can Have Special Rules
A premises injury involving a city, county, state agency, public school or other governmental entity can be very different from a claim against a private business.
Arizona's notice-of-claim statute generally requires qualifying claims against public entities, public schools or public employees to be presented within 180 days after the claim accrues. The notice must also satisfy statutory content and service requirements.
Because missing a government-claim deadline can prevent recovery, consider speaking with an attorney promptly when an injury occurs on public property.
Building an Arizona Premises Liability Claim
Premises liability cases can require detailed investigation into both the property condition and what the responsible parties knew before the injury occurred.
Depending on the circumstances, The Maerowitz Law Firm may:
Why Hire The Maerowitz Law Firm for an Arizona Premises Liability Case?
The Maerowitz Law Firm, LLC is a Phoenix-based Arizona law firm providing experienced, personalized representation in personal injury matters. We focus on careful case preparation, direct communication and individualized attention.
Managing Attorney Matt Maerowitz has 12 years of legal experience and more than a decade of litigation and trial experience. His practice includes personal injury representation for clients throughout Arizona.
Premises liability cases often require proving more than the existence of an injury. The strength of a claim can depend on developing evidence about the dangerous condition, notice, inspection practices, causation, damages and insurance coverage.
The Maerowitz Law Firm handles personal injury matters on a contingency-fee basis. That means you pay no attorney's fee unless we recover money for you. We also offer a free and confidential initial consultation with no obligation to hire the firm.
Three Important Steps After an Accident on Someone Else's Property
Document the Condition
If circumstances permit, obtain photographs or video showing the condition that caused the injury and the surrounding area before it changes.
Preserve Information
Keep incident reports, photographs, medical documents, damaged personal property and contact information for witnesses.
Speak With an Injury Lawyer
An attorney can evaluate potential liability, identify insurance coverage and take steps to preserve evidence before it is lost.
Looking for an Arizona Premises Liability Lawyer?
The Maerowitz Law Firm, LLC is based in Phoenix and represents personal injury clients throughout Arizona. If you were seriously injured because of an unsafe condition at a store, apartment complex, hotel, restaurant, parking area or other property, experienced legal representation can help determine who may be responsible and what compensation may be available.
If you are searching for an Arizona premises liability lawyer, Phoenix premises liability attorney, unsafe property injury lawyer, negligent property owner attorney or Arizona personal injury lawyer, contact The Maerowitz Law Firm for a free and confidential consultation.
FREE CONSULTATION | 480-927-3700Frequently Asked Questions About Arizona Premises Liability Claims
Is a property owner automatically liable if I am injured on the property?
No. An injury by itself does not establish negligence. Premises liability generally requires proof concerning the duty owed, an unreasonable failure to exercise appropriate care, causation and damages.
How do I prove a business knew about a dangerous condition?
Evidence may show that the business or its employees created the condition, actually knew about it or should have discovered it through reasonable inspection and maintenance. Surveillance footage, employee testimony, maintenance records and evidence showing how long the condition existed can be important.
Can I still have a claim if the dangerous condition was visible?
Potentially. Under Arizona law, a condition being open or obvious does not automatically eliminate the duty owed by a business to an invitee. Visibility and the surrounding circumstances may still be relevant to negligence and comparative-fault issues.
What if the insurance company says I was partly responsible?
Arizona applies comparative fault in negligence cases. When comparative negligence applies, damages may generally be reduced according to the percentage of fault assigned to the injured person rather than automatically barring the entire claim.
How long do I have to bring an Arizona premises liability claim?
Arizona generally has a two-year limitations period for personal injury claims, but important exceptions may shorten or alter the deadline. Claims involving public entities can have a 180-day notice-of-claim requirement and a shorter limitations period.
What compensation can I recover after a premises liability injury?
Depending on the evidence and circumstances, damages may include medical expenses, future medical care, lost income, reduced earning capacity, pain and suffering and other losses recognized under Arizona law.
What if my injury happened at an apartment complex or rental property?
Potential responsibility depends on the dangerous condition, who controlled the relevant area, applicable duties, notice and other facts. The property owner, manager or another responsible party may need to be investigated.
How much does it cost to hire The Maerowitz Law Firm for a premises liability case?
The Maerowitz Law Firm handles personal injury matters on a contingency-fee basis, meaning you pay no attorney's fee unless we recover money for you. We also offer a free and confidential initial consultation. Call 480-927-3700.
Injured Because of an Unsafe Property Condition in Arizona?
If you suffered a serious injury at a store, apartment complex, hotel, restaurant, parking area or other property in Phoenix or elsewhere in Arizona, contact The Maerowitz Law Firm to discuss what happened and your legal options.
Early investigation can help preserve surveillance footage, photographs, maintenance information and other evidence that may be important to your claim.
480-927-3700 CALL FOR A FREE CONSULTATION CONTACT THE FIRMThis information is provided for general informational purposes only and does not constitute legal advice. Liability, available damages, insurance coverage and filing deadlines depend on the particular facts and applicable Arizona law. Viewing this page or contacting the firm does not by itself establish an attorney-client relationship.