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Tempe Premises Liability Lawyer

Tempe Premises Liability Lawyer

A premises liability claim applies the doctrine of negligence to the owner or controller of a property. It seeks to hold a landowner legally responsible for an accident that occurred due to negligent or lax property maintenance. Common examples of premises liability claims in Arizona are slip and fall accidents and dog attacks. A premises accident could cause serious, life-changing to fatal personal injuries for victims.

David Shapiro Law, PLLC is a trusted personal injury plaintiff’s firm for clients in Tempe and the surrounding area. If you or a loved one has injuries from a property-related accident in Tempe, please contact us right away to schedule a free consultation. We have the experience and aggressive legal representation you need for a strong claim to damages.

What Makes Us the Right Choice?

  • We have won several accolades, including Super Lawyers’ Rising Star and America’s Top 100 Attorneys.
  • We prepare every premises liability case as if it were going to trial for the strongest results.
  • We can recover maximum compensation even when an insurance company is not cooperating.
  • We treat each client with unique, individualized, and one-on-one care and attention.
  • We accept all premises liability claims in Tempe, Arizona on a contingency fee basis.

Why You Need a Tempe Premises Liability Attorney

Dealing with a serious injury is taxing enough without also handling the laws and issues connected to a product liability claim. You will need a certain level of legal knowledge to successfully navigate this type of civil lawsuit in Arizona. Hiring a lawyer to take over a claim for you can provide the peace of mind you need to focus on healing. Your premises liability lawyer will handle the tasks related to your claim, including gathering evidence and proving fault, while you concentrate on more important things – such as recovering and focusing on your future. Hiring an attorney can make the remainder of your premises liability claim easier.

Arizona’s Premises Liability Laws

Premises liability is the facet of law that deals with property safety. It holds home, business, and other property owners to certain standards of care in the maintenance and control of their premises. If a landowner fails to meet the accepted standards through negligent actions or omissions, causing visitor injuries or deaths, the owner could be liable for the victim’s damages. A property owner’s legal duties of care in Arizona vary according to the type of visitor.

  • Invitee. The type of visitor owed the highest standards of care is an invited guest, or invitee. An example is a grocery store customer. Property owners owe the duties of inspecting the premises, repairing hazards, and warning of hidden hazards to all invitees.
  • Licensee. A licensee also has the property owner’s permission to enter but does so for his or her own reasons, such as an unexpected house guest or door-to-door salesperson. A property owner owes the same duties of care to a licensee as an invitee, minus the duty to inspect for unknown hazards.
  • Trespasser. A trespasser is someone who has committed the crime of entering a property without permission from the landowner. Property owners in Arizona do not owe any duties of care to trespassers. They cannot, however, intentionally harm trespassers (except in self-defense).

The law regarding trespassers differs for minors in Arizona. If the trespasser is under the age of 18, the property owner must treat him or her with the same care and respect as an invitee. The owner must maintain a premises that is reasonably safe for wandering child trespassers. The owner must use a pool cover or barrier, for example, and barricade other attractive nuisances. Understanding a property owner’s specific duties of care in your situation may take help from an attorney.

Elements of Proof in a Premises Liability Claim

Your ability to recover a financial award from a defendant during a premises liability lawsuit in Arizona depends largely on whether or not you (or your attorney) can prove the defendant’s liability for your damages. In general, liability for a property-related accident will come down to four main elements.

  1. Duty. The property owner owed you or your loved one a duty to exercise reasonable care. Remember, a landowner’s duties of care in Arizona depend on the classification of the property visitor.
  2. Deviation. The property owner deviated from the accepted standards of care. A deviation can refer to an act of negligence or maliciousness a normal, prudent person would not have committed.
  3. Direct causation. The proximate (main) cause of your injuries was the property owner’s deviation from his or her duties of care.
  4. Damages. You have specific damages you can name because of the property owner’s breach of duty. These may include physical injuries, lost wages, pain and suffering, or property damages.

It can be helpful to hire a premises liability lawyer to assist you in proving the four required elements of a claim. You or your lawyer will need to present enough evidence to fulfill the burden of proof; to establish the defendant’s fault to be more likely true than untrue. An attorney from David Shapiro Law, PLLC may be able to help you collect and demonstrate evidence in a clear and convincing way during a premises liability suit in Tempe.

Common Accidents Involved in Premises Liability Claims

Any accident, personal injury, or illness that occurs because of a hazard or defect on someone else’s property in Arizona may be grounds to bring a premises liability claim against the owner. Some accidents, however, are more frequent in Tempe than others.

  • Slip, trips, and falls
  • Dog attacks
  • Criminal activity
  • Staircase accidents
  • Sidewalk and parking lot accidents
  • Swimming pool accidents
  • School or daycare accidents
  • Amusement park accidents
  • Inadequate maintenance
  • Fire or flood
  • Exposure to toxic substances

After any type of accident and injury while on someone else’s property – including public property – ask for legal advice from the lawyers at David Shapiro Law, PLLC. We may be able to assist you with the claims process.

Call (480) 300-5405 for a Free Consultation in Tempe

A strong premises liability claim supported by an adequate amount of evidence could result in a payment from the property owner’s business or homeowner’s insurance company. The best way to optimize your odds of obtaining fair compensation after a premises accident is by hiring an attorney. David Shapiro is a trusted and reputable choice in Tempe, Arizona. Call us today at (480) 300-5405 or contact us online to arrange a free consultation.

Free Consultation

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COVID-19 Announcement - During this crisis the David Shapiro Law team is working and accepting new clients. Our team continues to fight for our clients at full capacity, every single day. We will not let the insurance companies take advantage of you during this time. Close