Metatag: Read this blog post to learn about real estate-related personal injury cases in Phoenix, AZ, including how to prove negligence and the compensation you can get.
Slips, trips, and falls are common causes of real estate-related personal injury cases. When a person slips and falls on someone else’s property, they might have a legal claim for damages.
However, premises liability claims for real estate-related personal injury cases are not limited to slip and fall accidents. Other common reasons why someone files a personal injury claim against a property owner, business, or other party in charge of a premises include, but are not limited to:
- Negligent security
- Dog bites and animal attacks
- Toxic exposure
- Swimming pool accidents
- Food poisoning
- Inadequate property maintenance
- Fires and explosions
- Construction site negligence
- Parking lot accidents
- Sidewalk trip and fall accidents
Arizona law requires property owners and individuals responsible for maintaining real estate to protect visitors and invited guests from foreseeable risks of harm. However, property owners are only liable for damages after an injured party proves negligence by the property owner or other responsible party.
How To Prove Negligence for a Real Estate-Related Personal Injury Case in Phoenix, AZ
Most real-estate personal injury cases are based on the legal theory of negligence. Someone may be negligent when they do not use the standard of care that a reasonable person would have used in the same circumstances.
The specific legal elements you must prove to establish your claim vary depending on the circumstances of your case. However, the general elements of a negligence-based premises liability claim are:
- The defendant (the party being sued) owned or operated the property in question
- The plaintiff (the injured party) was lawfully on the premises with the owner or operator’s express or implied consent
- A dangerous condition or hazard that was not obvious or open existed on the property
- The defendant failed to take reasonable steps to correct the hazard or provide adequate warning
- The dangerous hazard was the direct and proximate cause of your injuries
Ultimately, you must prove that the property owner or party in charge breached their duty of care to you through their conduct. The evidence must prove that the breach of duty caused your injuries and damages.
What Evidence Can I Use To Prove Liability for a Real Estate-Related Personal Injury Claim?
Evidence in a premises liability case also depends on the facts and circumstances of the case. However, common forms of evidence an attorney may use to prove liability for an injury include:
- Photographs of the accident scene
- A video capturing the accident as it occurred and/or the condition of the premises at the time of the accident
- Medical records showing the victim sustained injuries related to their accident
- Proof that you were legally on the property
- Statements and interviews with eyewitnesses
- Documentation that the hazard or danger existed
- Reports from law enforcement and other government agencies
- Evidence proving who owns the property and/or who is in control of the premises (i.e., a deed, lease agreement, or another similar type of document)
- Statements and interviews from the parties involved in the case
A lack of knowledge is not a “free pass” for injuries and accidents on property in all cases. The owner or property manager has a duty of care to maintain safe premises. For invitees and licensees, the duty may require the owner to routinely inspect the property for known hazards.
Therefore, you may still make a case for negligence if the property owner failed in the duty to inspect the property. If you are unsure whether you have a real estate-related personal injury claim, contact a personal injury attorney for a free consultation to discuss your legal options.
What Damages Can I Receive for a Real Estate-Related Personal Injury Claim in Arizona?
Accidents on another party’s property can cause severe injuries. Some individuals may sustain catastrophic injuries that result in lifelong impairments or death.
Injured parties can seek damages for their injuries and losses by filing a personal injury claim. Under Arizona tort laws, they can recover compensation for economic damages associated with their accident and injury, such as:
- Medical bills and expenses
- Nursing care
- Out-of-pocket expenses
- Lost wages and benefits
- Personal care and household services
- Rehabilitative therapies
- Reductions in earning capacity
Victims may also receive compensation for their pain and suffering or non-economic damages. These damages include:
- Emotional distress
- Scarring and disfigurement
- Mental anguish
- Impairments and disabilities
- Physical pain
- Diminished quality of life
The value of a premises liability claim depends on several factors, including the severity of the injuries and the evidence proving negligence and liability. An attorney can help build a strong case for recovering maximum compensation for injuries and losses.
Contact an Experienced Premises Liability Attorney in Phoenix
Phoenix personal injury attorney Triumph Curiel advises that premises liability claims are subject to the Arizona statute of limitations. Therefore, the time to file a claim is limited. It is wise to seek legal advice after an accident or injury as soon as possible to protect your right to pursue a lawsuit against the party or parties responsible for your real estate-related personal injury claim.
This story originally appeared on Upscalelivingmag
