How Does an Arizona Premises Liability Case Work?
While slip and fall cases are the most common premises liability case, they are not the only type that exists. A premises liability case exists any time a property owner fails to address a hazard on their site in a timely fashion and that hazard causes any kind of injury. There are much more complex things if it’s your first time in this type of case. Today you will get an in-depth guideline on how does an Arizona premises liability case work.
A premises liability case runs on the theory that a property owner has a duty of care to guests, workers, and others who may visit their property. They are supposed to keep their property reasonably safe or to post warnings when hazards exist.
How do you prove premises liability?
Proving a premises liability case starts with what you do directly after your injury.
If at all possible, you’re going to want to take as many pictures as possible. Take more than you think you need. Take pictures of the hazard, the local conditions, your footwear, your injury. The more photos, the better. This is all vital evidence.
You’re also going to want to get the name and number of any witnesses on-site and find out who owns the property. If you are at a place of business or on public property you’re going to want to file an incident report, and get a copy.
Next, you’re going to want to get immediate medical attention. That initial medical examination will also provide vital evidence. It’s also extremely important that you follow all of your doctor’s instructions. If you exacerbate your injury by failing to follow medical advice the defendant’s lawyer can use that against you, and you may end up with a smaller personal injury settlement as a result.
Who pays for a premises liability case?
If it is a private home the homeowner’s insurance company usually covers the costs, up to policy limits. If it is a business you’ll be looking at the business owner or commercial property insurance policy. On the public property, the government entity that owns the property will be responsible.
If you are dealing with any government entity, including the city, state, or federal government, you have less time to file your claim than you would in a normal personal injury case. You have 180 days to file a Notice of Claim. In addition, you can expect a public entity to be a lot more difficult to sue as they have often passed laws that allow them to protect themselves. You will need a truly experienced attorney to help you navigate them.
Are our slip and fall cases hard to win?
These cases can be especially hard to win in Arizona, where juries are largely suspicious that victims are “just trying to get money.” Your attorney needs to be able to spin a compelling narrative that convinces them to side with you.
Better yet, you need an excellent negotiator on your side who can help you achieve a fair settlement before the matter ever goes to trial. This affords you more control and gives you a better chance of winning your case.
Need help? Contact our offices today to get started.