Phoenix Premises Liability Lawyer

Phoenix Premises Liability Attorney

Premise liability covers a broad range of kinds of injuries and potential sources. However, all premises liability cases result from property issues that make an injury more likely. The injuries can range from very minor to tragically serious, depending upon the circumstances. You deserve compensation as the victim of such an accident, and a Phoenix premises liability lawyer will be vital in helping you seek it.

The costs of a premises liability accident can be rather significant, especially in the case of more serious injuries. Those injured by a premises liability issue have a legal right to collect compensation from those responsible, which, in most cases, will involve working with the liable party’s insurance company.

When attempting to get costs covered, many who have been injured discover that the insurance companies tend not to willingly pay what they should. The option to file a civil claim exists precisely for these kinds of situations.

The greatest way to make every use of the legal options available to you is by working with a premises liability lawyer like those at the Bleaman Law Firm. Our clients deserve compensation for what they’ve had to endure, and we help them seek it.

How a Phoenix Premises Liability Lawyer Can Help Your Case

A Phoenix premises liability lawyer will do a variety of different things in service of attempting to get the damages you need. We act as investigators, negotiators, and representatives while pushing to see that you receive proper compensation.

In most situations, a thorough investigation of how you received your injuries will be the first step. This investigation lets us understand who should be held liable for the situation. We can also gather facts that can be helpful in demonstrating that liability for the court if necessary. It’s also important to gather facts that demonstrate that you weren’t in any way liable because proving that you were could impact the compensation you receive.

Once we understand where there is a liability, we understand whose insurance policy will need to cover the costs. Before going to court, though, there may be a period of time where we represent you in negotiations with the insurance company to see if we might be able to get the compensation you’re owed without the expense, time, and risk of taking the case to court.

Allowing a lawyer to negotiate on your behalf can be beneficial to your situation. Insurance companies may try to present a layperson with an initial offer that’s too low. They may think that a lack of experience will lead them to believe that is all the compensation that they can get.

With a lawyer in Phoenix, AZ, though, insurance agents know they can’t present an offer that is unreasonable. Additionally, the pretense of a lawyer is a clear implicit threat of taking the claim to trial, which they may wish to avoid. That could mean a more serious offer.

There are times, though, when a fair settlement that both sides are willing to agree to simply can’t be reached. If that’s the case, we are ready to take the defendant on in court and demonstrate the liability they bear. As your representation, we can fight for the compensation that you need.

What Can Be Compensated in a Premises Liability Case?

The compensation in a premises liability case is handled through payments known as damages. These damages will address only the costs that are a direct result of the injuries you suffered from the premises liability issue. Your lawyer will need to be able to prove this connection in court.

Economic Damages

The easiest category of damages to calculate is economic damages. These cover any costs that have a clear-cut financial component. Things like medical bills related to the injury, whether for testing, doctor’s visits, medication, surgery, physical therapy, or any other treatment, are covered in this category. Lost wages from missed work will also be included if the injury was serious enough to keep you out of work.

These damages can also cover future costs in the case of more serious injuries. Future medical bills or lost earning capacity, if you are unable to return to working at the same capacity, will also be included in economic damages.

Non-Economic Damages

There are a number of costs that come along with an injury but aren’t necessarily as clear as those with an obvious financial component. These are the intangible psychological and emotional costs that an injury can lead to. These concerns, such as pain and suffering or mental anguish, are compensated through non-economic damages.

Although non-economic damages are a financial payment, it is not assumed that these things are solved by money. However, the damages award may be able to reduce stress and anxiety somewhere else in life, freeing up some mental and emotional capacity to better manage these more psychological concerns.

Punitive Damages

A third possible category of damages is called punitive damages, which are a punishment for particularly reprehensible behavior. These are rare in most cases, and particularly so in something like a premises liability issue. It’s unlikely that anything was done with malicious intent or was extremely reckless.

How Could Comparative Negligence Reduce My Damages?

While Arizona does not allow any kind of caps on damages, there is still the possibility that your damages could be reduced by the doctrine of pure comparative negligence that Arizona operates under. This doctrine allows the defendant to argue that the plaintiff was negligent and caused their own injuries, at least partially.

If the defendant’s side is successful in showing that the plaintiff is liable as well, then the court will assign a percentage reflective of each party’s responsibility for the injuries. The plaintiff will have their damages award reduced proportionately to their share of fault.

For instance, if they are 20% at fault on a claim of $50,000, then their final compensation will be $40,000. Defending against these kinds of claims and trying to preserve your full damage award is part of what a lawyer will do.

Types of Premises Liability Issues

Premises liability is a broad category of issues. Anytime someone has failed to take reasonable measures to provide safe and secure premises, resulting in someone who was lawfully on the property being hurt, a premises liability case could occur. Some of the more common kinds of premises liability issues include:

• Slip and Falls
• Trip and Falls
• Snow and Ice Accidents
• Dog Bites
• Maintenance Problems
• Security Deficiencies
• Building Code Violations
• Swimming Pool Accidents

What Parties Could Potentially Be Liable in a Premises Liability Case?

One of the more challenging elements of a premises liability case, and something that a lawyer can be particularly helpful with, is understanding who is liable for the injuries. It’s very rare that someone owns, operates, and handles every issue on a property entirely on their own.

For most properties, there are a variety of different parties who are involved in either ownership, operating, or providing maintenance. Some of the potentially liable parties include:

• The Owner of the Property – In many cases, the owner will be responsible for making sure the property is free of any hazards.
• The Occupier of the Property – Tenants could be responsible for certain kinds of upkeep, as well as notifying others should certain problems arise. If that isn’t done, and there is an injury, they may be liable.
• The Property Manager – In some cases, care of a property is given to a property manager who could be liable for unaddressed issues.
• A Commercial Business – Commercial businesses on a property have a duty to operate in a way that addresses any potential hazards and keeps patrons from getting injured.
• Security Companies – In many situations, security is something that will be handled by a third party. If they fail to provide the kind of security that they are contracted for, they may be liable.
• Contractors or Subcontractors – Many property owners, occupants, and managers hire others to manage certain elements of the property. This means that there are often contractors and subcontractors who are responsible for completing the work they are contracted to do. Failure to do these things could mean that they are liable for any injuries.
• Manufacturers – In some cases, an injury is due to something being defective and breaking. Assuming the item has been properly maintained, then it’s possible that the manufacturer may bear the liability.
• Government Entities – If the injuries happened on government property, such as a park or government building, it’s possible that the government agency responsible could be held liable.

Proving Liability in a Premises Liability Claim

The central element of a premises liability case is that negligence on the part of the defendant must be demonstrated. This means showing it was their actions or inaction that was directly responsible for the injuries that were suffered.

This proof will rely on evidence collected from your lawyer’s investigation. Lawyers could also rely on eyewitness testimony and even expert witness testimony if necessary. In most cases, proving negligence will come down to proving three elements:

• Duty of Care – Your lawyer must be able to show that the defendant had a duty of care in the situation in which you sustained your injuries. This means that they should have taken reasonable precautions to ensure the safety of visitors to the property.This duty only extends to those who are lawfully present on the property, so your lawyer will need to demonstrate that you were lawfully present. If you were, then a duty of care is not particularly challenging to prove, as it is generally well-understood that those inviting people to their property have a duty to keep it safe.
• Breach of Duty – Your lawyer must next be able to demonstrate that something about the defendant’s behavior failed to live up to the duty presented. This breach of duty will generally be very specific to the case that you’re involved in.However, what is generally always required is that your team must be able to show what exactly the defendant did and then describe how that did not meet a reasonable expectation for what they should have done.
• Causation – Finally, your lawyer must be able to demonstrate a direct link between the breach of duty and the injury that you suffered. This link will often involve an accident along the way, so your lawyer will probably need to first demonstrate that the breach led to the accident.Someone having a crack in the path in their front yard is a breach, but not the cause of someone tripping over their own feet in the backyard. A direct link must be shown. It must be then shown that injuries were sustained as a direct result of the accident and were neither pre-existing nor suffered after the incident in question.

If You’ve Got a Premises Liability Issue, We Can Help You Get the Compensation You Deserve

If someone is invited onto a property, whether as a guest, for commercial purposes, or for some other reason, it’s the responsibility of those involved with that property to ensure that it is safe and well-maintained for visitors. Sometimes, though, there is an issue that leads to an accident and an injury.

These injuries may be minor, but serious issues can occur. Some of the injuries can result in significant costs, both medical and less tangible. Whoever was responsible for keeping the property in safe, working order is also responsible for compensating those who were injured by their failure to perform the necessary upkeep.

In almost every case, there’s an insurance policy that should cover the expense of an injury on the property. Of course, insurance companies aren’t always particularly forthcoming with what they owe. Getting what you need will likely require at least the credible threat of legal action and could very well require that the case go to court.

A Phoenix premises liability lawyer can be essential to pursuing everything that you deserve. At the Bleaman Law Firm, we explore every option for our clients and fight to get what they are owed. Contact us today if you’ve been injured in a Phoenix premises liability case.