Phoenix Premises Liability Lawyer
When we go onto someone else’s property, the owner has a responsibility to exercise a basic standard of care to ensure that conditions are safe. This applies to everything from a large convention center to a simple pool party in someone’s backyard. If someone is injured because of unsafe conditions on the property, a Phoenix premises liability lawyer can work to get the injured person a fair financial settlement.
A Phoenix Premises Liability Lawyer Who Fights for You
RAJ Law will fight for your rights and for a fair settlement when you or someone you love is injured because property, either commercial or residential, was not properly maintained and cared for.
At RAJ Law, we bring both soft-hearted personal empathy and sharp-edged legal savvy to every case. Call us at (602) 579-5555 or fill out our online contact form to set up a consultation.
The Attractive Nuisance
The attractive nuisance is what leads to a form of trespassing where the property owner is still held responsible. This happens when some aspect of the property can attract someone who is not expected to be cognizant of the potential dangers. The prime example is a toddler who sees a swimming pool.
Arizona law does not expect toddlers to know that they need to stay off someone’s property or that going to a pool without supervision can be dangerous. The homeowner who fails to take precautions—like building a fence—can be liable under the attractive nuisance doctrine.
From our Phoenix office, RAJ Law serves the diverse community, including both English and Spanish-speaking clients. Call today for help. You can reach us at (602) 579-5555 or online.
Types of Visitors in a Premises Liability Case
The ability to bring a lawsuit for premises liability will, in large part, hinge on what type of visitor the injured plaintiff was. People come onto someone else’s property for a range of reasons, and each is owed different levels of care by the owner. Arizona law classifies property visitors into three basic categories.
Invitees
The invitee is there, as the name suggests, by invitation of the owner. The people a homeowner invites to come over and use the pool on one of our scorching hot 110-degree days are all invitees. The customers of a business are also invitees. Even though they didn’t receive a literal invitation to come in and shop, a business is presumed to be inviting in potential customers during their open hours. Invitees are owed the highest level of care by the property owner.
Licensees
The licensee is also owed a duty of care. This group includes people who are on the property for a legitimate reason. The postal carrier is a prime example of a licensee. If a homeowner’s steps have cracks in them, and that results in a postal carrier falling and tearing an ankle ligament, the homeowner can be held liable.
Licensees can also include people like door-to-door salespeople and activists. Although in this case, a no trespassing sign might be able to reduce or absolve the property owner’s liability.
Trespassers
The trespasser is generally owned no duty of care whatsoever. A burglar that breaks into your house and breaks their foot because they fell on your child’s toys can hardly file a lawsuit claiming negligence. That’s an extreme case, and it should be noted that some forms of trespassing are less egregious than others.
For example, if a property owner hosts an outdoor volleyball game, they are responsible for ensuring that the playing surface is safe. If an uninvited neighbor comes over, joins the game, and then gets injured on a gopher hole in the lawn that no one was warned about, the property owner might still be liable. In cases like these, the unique circumstances of the person’s relationship to the owner and the event, along with how they were injured, will be important legal considerations. Our Phoenix premises liability attorney can advise once we know the details of each specific case.
Call our office today at (602) 579-5555 or contact us online to set up a consultation.
Contact Our Offices
Work with an attorney who will fight for the fair settlement you deserve. Contact RAJ Law today. Complete our form below or call us at (602) 579-5555.