Scottsdale Premises Liability Lawyer
When you are injured on someone else’s property, whether a business, government entity, or another party, you may have grounds for a premises liability claim. There is an expected level of care to be provided the second you enter the property as an invited guest. This means everything should be safe so you do not slip, fall, or experience any other detrimental injury that could have easily been prevented.
If you have been injured in a premises liability case, the first thing to do is reach out to a dedicated personal injury lawyer from Feller & Wendt. While you focus on resting and recovering from your injuries, your Scottsdale premises liability attorney can begin working on your case and getting you the compensation you deserve.
Types of Premises Liability
There are many different types of premises liability, the most common of which is a slip-and-fall accident. When a restaurant or store has a slippery surface with puddles of water someone could easily fall in, it is up to the store to adhere to their duty of care and clean up the mess as soon as possible. Many stores, if they are unable to get to the wet floor immediately, will utilize signs to let the general public know of the spill and exercise caution. Other common examples of premises liability include:
- Negligent security
- Dog bites
- Ceiling collapse
- Elevator injury
- Pool injury
Premises liability only applies to invited guests, meaning you are not trespassing or illegally on the premises. The only exception to this rule is for children and home property liability. For example, if you live in a neighborhood with children and you have a pool, it is up to you to ensure the pool is properly secured at all times. If a child is injured in your pool because it wasn’t properly secured, you could be held liable even if the child was trespassing.
Proving Fault in Scottsdale Premises Liability Cases
To establish fault in your Scottsdale premises liability case, your attorney must demonstrate the third party failed to adhere to their duty of care. This is easily defined through the four components of negligence, which include standard of care, breach of care, causation, and damages. For a premises liability case, the standard of care would be a safe property. This means no slippery floors, uneven surfaces, or ceilings that are not up to code.
When the property manager or owner fails to adhere to these standards, this is considered a direct breach or violation of care. When that breach results in the injury of an individual on the property, they are within their rights to sue for their sustained damages. To prove this, your Scottsdale premises liability attorney will use evidence gathered from the scene, expert testimony, and more.
How a Scottsdale, AZ Premises Liability Lawyer Can Help
While you are able to represent yourself, it is likely facing the insurance company alone will leave you with an underwhelming check and piles of medical bills to pay. When you partner with a knowledgeable personal injury lawyer, you are hiring someone to listen to your story and fight for your rights. In addition, your personal injury lawyer will help with the following:
Recover Adequate Damages
Instead of a measly check from the insurance company, your attorney will demonstrate negligence on behalf of the property owner and fight for you to receive adequate compensation for your damages. This will include both economic and non-economic damages, meaning you could receive coverage for all of your medical bills, lost wages due to the inability to work, prescription medication costs, pain and suffering, and more.
Arizona is currently a comparative negligence state, meaning you can recover damages even if you are considered to be partially at fault. Fault will be graded on a percentage system, meaning as long as you are not deemed 100% at fault for the accident, you are able to receive some level of compensation for your injuries.
To properly establish negligence, evidence will be used. For a premises liability claim, this can be photographs of the wet floor or unmarked crack in the pavement, video footage of the aftermath, police reports, medical reports, or eyewitness testimony. If you are unable to obtain any of this after the accident due to your injury, your attorney can help investigate for you.
Other evidence that would help demonstrate the at-fault party’s reckless property maintenance could include security camera footage or even property records.
Consult With a Scottsdale, Arizona Premises Liability Lawyer Today
The team at Feller & Wendt has devoted many years to getting our Scottsdale community the compensation they deserve. We understand that sometimes the only way to get back on your feet is through financial compensation, which is why we fight so hard. Our people-first approach means you get our full attention, from the initial consultation to the final settlement.