Tucson Premises Liability Attorney

Advocating for Those Injured on Unsafe Property

If you have suffered an injury in a premises liability case, you deserve answers, accountability, and fair compensation. In Arizona, property owners must take reasonable steps to inspect their property, fix unsafe conditions, and warn visitors of dangers they know, or should know, exist.

Even so, many property owners fail to maintain their premises adequately, leading to severe injuries.

If you have suffered injuries in a premises liability case, the most effective solution is to consult with a knowledgeable attorney who can help you recover compensation for damages. Contact our Tucson, Arizona premises liability attorney today to schedule a free consultation and explore your legal options.

What are the Most Common Causes of Premises Liability Accidents?

Although premises liability accidents can occur for numerous reasons, several are cited more frequently than others. Premises liability claims frequently arise from accidents such as:

Slip-and-Fall Accidents: These accidents are among the most commonly reported and often occur in stores, parking lots, and other public spaces. Slip and fall accidents frequently result from hazardous conditions such as wet floors, spilled liquids, loose rugs, obstructed walkways, or uneven flooring.
Negligent Security: A property owner may be held accountable for injuries sustained due to a lack of security guards, failing to stop criminal activity, inadequate lighting, or broken door locks.
Falling Objects: Construction materials falling from scaffolding, merchandise falling from store shelves, loose ceiling tiles.
Negligent Maintenance: Property owners fail to fix loose or broken stairs, handrails, or uneven pavement.
Swimming Pool Accidents: Lack of proper fencing or safety equipment can easily lead to accidents.
Animal Attacks: Animal owners may be held responsible for dog bites or animal attacks on residential or commercial property, which often result in severe injuries.

What Steps Should I Take Immediately After Being Injured in a Premises Liability Accident?

Whether you have suffered soft tissue injuries in a slip and fall case or traumatic brain injuries from falling objects, there are several steps that you must take to safeguard your interests. You report the incident immediately to management or security and request a copy of the incident report. Also, be sure to take pictures of the accident scene as evidence can disappear quickly.

Other steps you should take to protect your right to file a premises liability claim:

Obtain the names and contact information of any bystanders who witnessed the accident.
Seek medical attention immediately. Some injuries suffered in slip and fall accidents, such as concussions, do not always manifest themselves immediately and can have severe consequences if not treated.
Avoid posting any information or photos about the accident on social media. Insurers often scour social media looking to find evidence they can use to deny or reduce a personal injury claim.
Do not speak to the property owner’s insurance company.
Consult with a premises liability lawyer who will act as your legal representative with the insurance provider.

What Legal Elements Have to Be Proven to Win a Premises Liability Case?

If you have suffered a premises liability injury, several legal elements must be proven to win your case. Just as with other personal injury claims, state law requires the plaintiff to prove four legal elements, including:

Duty of Care: The property owner owed you a legal duty to keep their premises free of safety hazards.
Breach of Duty: Plaintiffs must prove the property owner neglected to fix a hazard or alert visitors to a known or reasonably foreseeable danger.
Causation: You must present evidence that shows a direct link between the breach and their injuries.
Damages: A valid claim requires proof of measurable damages, including medical costs, lost earnings, and the physical and emotional impact of pain and suffering.

What Kind of Compensation Can I Recover in a Premises Liability Claim?

If you have suffered injuries in a slip and fall accident or other similar premises liability accident, you are most likely dealing with unexpected financial and intangible losses. If you have suffered physical injuries and other damages as a result of someone else’s negligence, you have the right to seek financial compensation to cover your losses.

Economic Damages

Economic damages are awarded to the premises accident victim to repay out-of-pocket expenses they have incurred due to their injuries. Commonly awarded damages include:

Past and future medical bills
Lost wages
Loss of earning capacity
Compensation to cover ongoing medical care, including physical therapy and rehabilitation

Non-Economic Damages

Non-economic damages are awarded to accident victims to compensate them for intangible losses that do not have a definitive monetary value and often include:

Pain and suffering
Emotional distress
Loss of enjoyment of life
Permanent disfigurement and scarring

How Long Do I Have to File a Premises Liability Claim?

The Arizona statute of limitations generally allows premises liability victims up to two years from the date the injury occurred to pursue compensation for damages. Arizona’s discovery rule allows the two-year deadline to begin only once the injury is discovered, or when it reasonably should have been discovered, giving victims more time to pursue a claim.

The clock may also be paused if the victim is a minor or mentally incapacitated. Minors have up to their 20th birthday to seek compensation for their injuries, as the clock does not begin until they turn 18. Even so, their parents or guardians may file a claim on their behalf before they become adults.

If you were injured on government property, the timeline is significantly shorter, and you will only have 180 days from the day the accident occurred to file a Notice of Claim. The lawsuit must be filed within one year of the injury.

Contact our Tucson Premises Liability Attorney Today to Get Started on Your Case

Doug Newborn Law Firm, PLLC, is a Tucson, Arizona, law firm that has extensive experience holding negligent property owners accountable for their actions. If you or a loved one has been injured in a premises liability accident, our attorney and legal team will fight to help you recover maximum compensation for damages.

Contact our law firm today at 520-355-1161 to schedule a free consultation and explore your legal options.