Phoenix Premises Liability Attorneys
When you enter someone’s property, whether a restaurant, retail business, or apartment complex, you expect safe conditions. Unfortunately, property owners and managers don’t always meet this standard, so patrons may end up with injuries.
If you or a loved one was injured due to a dangerous condition on another person’s property, you could seek compensation for your losses. A Phoenix premises liability lawyer with Gallagher & Kennedy can review your case and advise of your legal options.
How Our Phoenix Premises Liability Lawyers Can Assist With Your Claim?
When you work with the team at Gallagher & Kennedy, you have more than two centuries of combined legal experience on your side. Our premises liability attorneys and staff members operate smoothly to help ensure a seamless legal process.
Representation on Contingency
Gallagher & Kennedy’s legal team offers free consultations, so you can understand your options and make an educated decision about your premises liability claim. If we decide to work with you, we can handle your case on contingency. With a contingency fee, you pay nothing up front for our legal services. Instead, we retain a percentage of your premises liability settlement when your case is complete.
Building a Strong Case
Once we decide to take your case, our team immediately begins compiling documentation and securing evidence. We evaluate the claim to determine fault and send demand letters for the full value of your losses. Our team does not hesitate to pursue all the responsible parties, no matter how large or aggressive they seem.
Advocating for Your Legal Rights
If we work on your case, we handle all calls and correspondence with the responsible parties and their insurance company, so you can rest and focus on your recovery. Our goal is to negotiate the maximum settlement on your behalf. If negotiations fail, we are prepared to take your case to trial if it means a better financial recovery for you.
Meeting Critical Deadlines
Per state law, you usually have a two-year deadline to file a personal injury lawsuit. During that time, your attorney will need to gather evidence and file your claim with the insurance company.
You can help strengthen your claim by contacting our firm as soon as possible after your injury. The premises liability attorneys at Gallagher & Kennedy know that time is of the essence in these cases. We can keep your lawsuit on track and make sure you meet all the legal deadlines.
What It’s Like Working With Our Phoenix Premises Liability Attorneys?
At Gallagher & Kennedy, we pride ourselves on providing quality representation to clients throughout Phoenix. Our client testimonials and case results demonstrate our commitment to injury victims, with over a million dollars recovered on behalf of one of our premises liability clients.
For the past four decades, our firm has successfully pursued justice and fair compensation for personal injury victims in Phoenix and across the U.S. We have a reputation for aggressive advocacy and do not hesitate to take high-profile cases against major entities. No matter how complicated your premises liability claim is, our attorneys have the knowledge and resources to seek the compensation you deserve.
Seeking Compensation for a Premises Liability Injury in Phoenix
When you suffer an injury because of someone else’s negligence, you have a legal right to recover financial damages from the responsible party. Whether you slipped on water in a store aisle or tripped on a loose flagstone outside a business, you can pursue the compensation you deserve through an insurance claim or personal injury lawsuit.
The injury attorneys at Gallagher & Kennedy can help you determine which damages to pursue following your premises liability injury.
Damages we could pursue on your behalf include:
- Cost of emergency care and medical treatment
- Lost income
- Reduced earning capacity
- Pain and suffering
- Emotional anguish
The extent and severity of your injuries determine the potential value of your claim.
Types of Premises Liability Claims We Handle in Phoenix
When you suffer an injury on someone else’s property, you benefit from partnering with an attorney who handles premises liability claims. The legal team at Gallagher & Kennedy understands the difficulties you face after an unexpected injury, and we can fight for your right to compensation.
Our team brings more than 210 years of collective experience defending the legal rights of injury victims in a wide variety of injury cases.
Premises liability cases we handle include:
- Slips or trips and falls
- Falls from a height
- Construction accidents
- Elevator and escalator accidents
- Aircraft and commercial airline accidents
- Dog bites
- Inadequate security
- Pool accidents
Insurance companies can be stubborn when it comes to negotiating a settlement for premises liability. Rather than facing them alone, our attorneys can help you navigate the negotiation process and file a personal injury lawsuit, so you can pursue a fair financial recovery.
Where Phoenix Premises Liability Injuries Occur?
Premises liability law encompasses claims for injuries occurring on another’s property.
A premises liability claim may include injuries sustained in:
- Retail establishments
- Restaurants and cafes
- Residential apartment and condo buildings
- Office buildings
- Parking lots, driveways, and garages
- Outdoor and indoor walkways
- Stairs, elevators, and escalators
- Construction sites
- Swimming pools, fountains, and water features
- Sports and recreation facilities
In short, any business or facility with hazardous conditions can be held liable for injuries caused by those conditions.
How We Establish Fault in a Premises Liability Claim in Phoenix?
Determining fault in a premises liability case helps you hold the right parties responsible.
Responsible entities in premises liability may include:
- The property owner
- The landlord
- The property management company
- A business owner
- A tenant
- A contractor
- A subcontractor
Since fault is usually based on negligence, we must prove that:
- The responsible party had a duty to maintain a safe, secure premises.
- The at-fault party failed in their duty to ensure the safety of people on their property.
- You were injured because the responsible party failed in their duty of care.
- You suffered tangible and intangible losses because of that injury.
To establish negligence, our Phoenix premises liability attorney can gather evidence, including photos, witness statements, police reports, repair and maintenance documents, complaints, and medical records. We leverage this evidence to show the at-fault party was aware of the existing hazard and failed to fix the problem or warn people of potential dangers.
Recreational and Educational Facilities
Per state law, owners, managers, and other parties responsible for recreational and educational facilities must meet different standards for duty of care.
Recreational and educational users who enter areas like parks, trails, lakes, agricultural fields, or similar facilities accept the risks inherent in their activities. This does not, however, absolve the property owner or manager of their duty to reasonably warn, maintain, improve, or repair known hazards.
Invitees are individuals invited onto the property to conduct business. This includes customers in a retail location or restaurant. The property owner or manager has a duty to inspect, maintain, and repair any known hazards in areas the invitee accesses.
Licensees are on the property for personal reasons and may include social visitors or party guests invited to someone’s residence. The property owner has a duty to take reasonable care to protect the health and safety of others on the property. However, they may not necessarily have a duty to search for potential hazards.
Trespassers who enter the property without permission from the owner, tenant, or other authorized party do not enjoy the same legal protections as invitees and licensees. Property owners do not owe a duty of care to trespassers unless one can prove that they knew about frequent trespassers.
Even then, a trespasser can usually only hold a property owner liable if the owner created or maintained a hazardous condition that was likely to cause serious harm or death, and they did not try to warn trespassers of the risk.
Gross Negligence in Phoenix Premises Liability Claims
When you choose to use a sports facility or other recreational property, you understand the risks inherent in those recreational or sports activities. In some cases, a facility may also ask you to sign a waiver of liability, releasing them from any responsibility if you suffer an injury while using the facility as intended.
The legal protections afforded by Arizona laws and waivers of liability extend to reasonable risks. Although most Phoenix premises liability claims fall under normal liability standards, you could pursue a claim for gross negligence if the responsible party willfully or maliciously created or allowed a dangerous condition to exist.
The standard of proof for gross negligence is very high, so it is beneficial to discuss your options with our premises liability lawyer in Phoenix.
Steps to Take Following a Premises Liability Injury
After an injury on someone else’s property, follow these steps to protect your legal right to just compensation:
See a Doctor Even if Your Injury Seems Minor
When you are injured on someone else’s property, you could file a claim with their liability insurance carrier. However, many carriers require you to see a doctor within a few days of the injury.
If you do not go to the hospital via ambulance, be sure to visit the emergency room or your doctor as soon as possible. Your health and safety are the most important thing, so it is crucial to receive a medical evaluation. The medical documents from your visit will also help to support your claim.
Follow the Doctor’s Orders
Your doctor may prescribe assistive devices, medical equipment, and physical therapy to help you recover from your injury. Follow all your doctor’s orders in full, even if you begin to feel better. Failure to follow your doctor’s orders could keep you from achieving a full recovery. It also undermines the severity of your injuries, which can make it more difficult to pursue maximum compensation for your losses.
Once you are safe, you can document the accident scene. If you can take photos before you leave the site of the accident, do so. Evidence is often easy to manipulate in a premises liability accident, and property owners may alter the site to reduce their liability.
Request Witness Contact Information
Witnesses who saw your injury occur can provide important details for your claim. If you can, take their names and contact information. You do not have to take their statement yourself. Your attorney can contact them for a formal statement later.
Do Not Sign Anything
Some businesses, landlords, or property owners will ask you to sign a written statement about the accident. They may seek a liability waiver or offer you a settlement on the spot, which could prevent you from seeking additional compensation. It is always helpful to consult your premises liability attorney before you agree to anything, either verbally or in writing.
Consult a Premises Liability Lawyer at Our Firm Right Away
Property owners, businesses, and their insurance companies are motivated to reduce the settlement they must pay for your injuries. A personal injury attorney with Gallagher & Kennedy can advocate for your right to fair compensation in the face of aggressive insurance carriers and business representatives.
Learn How Our Phoenix Premises Liability Lawyer Can Assist You
If you or a loved one suffered injuries at a store, restaurant, or other property, you could seek financial recovery for your losses.
Gallagher & Kennedy’s Phoenix premises liability team offers free case reviews to help you understand your legal options. Contact our office today at (480) 800-0020 to see how we can help with your premises liability injury case.
Gallagher & Kennedy – Phoenix Office
2575 E Camelback Rd, Suite 1100
Phoenix, AZ 85016
Tel: (602) 530-8400