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If you were injured by an unreasonably dangerous condition on another person’s property in Sun City or in a nearby community, you may have the right to seek compensation through a premises liability claim. Under Arizona law, your ability to recover damages would depend on many factors, including your status as a visitor and whether the property owner or occupier had notice of the dangerous condition. To learn more about your legal rights, contact Mushkatel, Robbins & Becker, PLLC. An experienced premises liability attorney from our firm can meet with you right away in a free consultation and conduct a careful review of your case. Simply call or connect with us online today to get started on your case.
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When you meet with a premises liability lawyer at one of our firm’s offices in Scottsdale or Sun City, you should plan on discussing why you were on the property at the time of your injury. This is because Arizona is one of the few states in the country that uses a visitor’s status to determine the duty of care owed by a property owner or occupier. (An occupier would be a tenant or lessee.)
You would fall into this category if you were invited to the property for a business purpose connected to the owner or occupier.
The duty owed to a public invitee is similar to that of a business invitee. You would fall into this category if the property was held open to the public for a certain purpose, and you were on the property for that purpose.
You would fit into this category if you were invited to the premises by the owner or occupier for a social purpose.
If you went onto the property of another without any permission, you would be in this category. Generally speaking, if you were an adult, the owner or occupier would have only owed a duty to refrain from intentionally harming you.
For instance, you may have initially gone onto another person’s property as an invitee. However, if you stayed too long or went into an area of the property where you were not invited – for instance, you were a restaurant diner who walked into the kitchen – your status would change to being a trespasser. Also, the duty owed to child trespassers is slightly different than the duty owed to adults. In particular, if there is a potentially dangerous artificial condition on the property such as a swimming pool, it may be deemed an “attractive nuisance.” If a property owner knows or has reason to know that children are likely to trespass on the property, the owner would have a duty to take reasonable steps to protect the children from that danger.
As our law firm works on your case, we will also focus on whether the evidence establishes that the owner or occupier had notice of the unreasonably dangerous condition. This is a contested issue in many Arizona premises liability claims.
For example, let’s say an employee in a grocery store dropped a soda bottle that sprayed liquid onto the floor of an aisle, exposing visitors to the risk of a slip-and-fall. The store owner could be deemed to have notice of this unreasonably dangerous condition because the employee created it and actually knew of the condition. Let’s say a customer dropped the soda bottle. The store could be deemed to have notice if the puddle of spilled soda remained in the aisle for a significant period of time. (After all, an employee likely should have noticed it.)
Many different types of cases fall within the area of premises liability law. The three types of cases that our law firm most often encounters are:
It is important to have your case reviewed by an experienced attorney from our legal team in order to determine whether your case falls within the area of premises liability law or a different area of personal injury law.
The legal team of Mushkatel, Robbins & Becker, PLLC, will work hard to seek full and fair compensation for you in your premises liability claim, including:
Please keep in mind that your own negligence may be a factor that could reduce the amount you recover in a premises liability claim. For instance, if you were injured by what is considered to be an “open and obvious” condition, it may be a factor in your case.
The premises liability lawyers of Mushkatel, Robbins & Becker, PLLC, represent clients in Scottsdale, Sun City, Glendale and Peoria and other communities throughout the Sun City area. Contact us today to receive a free and confidential review of your premises liability case. We would be glad to meet with you right away.