Slip and falls; trip and falls; an injury on someone else’s property in Arizona.
These are called “Premises Liability” claims, and are perhaps the least understood of all claims.
QUESTION: If you get hurt on another’s property, aren’t they automatically responsible?
ANSWER: No. False. In fact, not even close.
QUESTION: Then, under what circumstances can they be held responsible?
There are 3 things an injured person must prove if they are injured on another’s property:
- A dangerous condition existed;
- The owner/possessor had knowledge or notice of the condition before the incident; and
- The owner/possessor failed to remedy it, safeguard it or provide a warning.
I get many calls from people who have slipped and fallen in a grocery store. They want to know if they have a case—if the store can be held liable for their medical bills.
The questions we ask:
- What caused your fall?
- Where was it in the store;
- Do you know how it got there?
- Any indication of how long it was there before you fell?
- Any indication that the store personnel knew of it before you fell and got hurt?
The answer to these questions is crucial in determining whether you have a good case, or no case.
Word of caution: Many attorneys claim to handle injury cases, but the majority have never been to court for a single one.
When choosing an Arizona attorney for your Premises Liability case, find one who regularly handles these cases.
Ask: Have you handled a premises liability case before? Have you ever been to court for a premises liability case?
If they tell you no—that they are very good and they settle their cases, that is a BIG red flag. Be careful
Look for an attorney who files lawsuits in premises cases. Look for an attorney in Arizona who tries premises liability cases. Look for a Certified Specialist.