When you step onto someone else’s property—whether it’s a store, a neighbor’s home, or a public swimming pool—you expect to be safe. But what happens when you get hurt due to an unsafe condition? That’s where premises liability law comes in. Understanding your rights as a visitor is key to knowing whether you can file a premises liability lawsuit and whether the property owner can be held liable.
What Is Premises Liability?
Premises liability cases involve injuries that happen on someone else’s property due to dangerous conditions. These can include things like slippery floors, broken stairs, poor lighting in a parking lot, or even an unsecured attractive nuisance like a trampoline or pool that draws in children. In these personal injury cases, the person bringing the lawsuit must prove that the defendant—often the property owner—was negligent.
Duty of Care and Visitor Status
In order to be held liable, a property owner must owe a duty of care to the person who was injured.
This depends on the status of a visitor, which usually falls into one of three categories:
- Invitee: Someone invited onto the property for business, like a customer at a store. Property owners owe invitees the highest duty of care.
- Licensee: A social guest or someone allowed on the property for non-business reasons. Owners must warn licensees about known dangers.
- Trespasser: Someone who enters without permission. Owners usually owe little to no duty, except in cases involving children and attractive nuisances.
Knowing whether you were an invitee, licensee, or trespasser can make or break your case.
Common Premises Liability Situations
Many premises liability cases come from everyday places and activities.
Some examples include:
- Slip-and-fall accidents in grocery stores
- Swimming pool injuries due to lack of fencing or supervision
- Cracked pavement in a parking lot
- Poorly lit stairwells or walkways
- Failing to warn visitors about an unsafe condition, like a wet floor or loose railing
In each of these examples, you’ll need to show that the owner failed to keep the area reasonably safe, or didn’t warn you about the danger.
Comparative Fault and Your Case
Arizona follows a comparative fault rule. This means that even if you were partly at fault, you may still recover damages. For example, if you ignored a warning sign but the hazard wasn’t clearly marked, a court may assign partial blame to both you and the property owner. In a similar case, damages were still awarded even though the visitor had some responsibility.
Trust Grabb & Durando With Your Premises Liability Case
If you were hurt due to someone else’s carelessness, knowing your rights as a visitor under premises liability law is the first step toward justice. Whether a property owner ignored a hazard or failed to warn you about dangerous conditions, Grabb & Durando is here to help. Our experienced team understands how to navigate complex personal injury cases, assess your visitor status, and fight for the compensation you deserve.
