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Property owners and managers in Arizona may be responsible when unsafe conditions injure someone on their property. Their legal obligations depend on why the person was there and the circumstances of the injury. When a wet floor, broken stair, poorly lit parking lot, or inadequate security leads to a serious injury, the owner or business responsible may be liable for your medical bills, lost income, and other losses. A premises liability claim holds them accountable when their negligence caused your harm.
At Desert Star Law Group, our Phoenix premises liability lawyers handle the investigation, deal with the insurance companies, and pursue full compensation while you focus on recovering. We’re one of the only firms in Arizona that guarantees our clients always receive more from a settlement than we do. Contact Desert Star Law Group at (602) 686-9936 for a free case review.
A premises liability claim is a personal injury claim against a property owner, occupier, landlord, or business whose failure to maintain safe conditions caused someone to get hurt. These claims can arise on almost any type of property, including:
An important question is whether the person responsible for the property knew or should have known about a dangerous condition and failed to fix it or warn visitors about it.
In Arizona, the duty a property owner owes generally depends on why you were on the property. Business visitors, such as customers in a store, are owed the highest duty, which includes reasonable inspection and repair of hazards. Social guests are generally owed a duty to be warned about known dangers they are unlikely to discover on their own. Under A.R.S. § 12-557, property possessors generally owe trespassers no duty of care except to refrain from causing intentional, willful, or wanton injury. Different rules may apply to children injured by certain dangerous artificial conditions on the property.
Arizona also follows pure comparative fault under A.R.S. § 12-2505. If you’re found partly responsible for your own injury, your compensation is reduced by your percentage of fault, but you can still recover even if you were mostly at fault.
In addition, the Arizona Constitution prohibits laws that cap the amount of damages recoverable for injury or death.
Under A.R.S. § 12-542, most premises liability lawsuits in Arizona must be filed within two years from the date of the injury.
Claims against public entities generally require a notice of claim to be properly served on the authorized recipient within 180 days after the claim accrues. A lawsuit generally must be filed within one year after accrual. Exceptions may apply.
Missing these deadlines can bar your claim entirely, so speaking with an attorney early is important.
Unsafe property conditions can cause injuries that range from relatively minor to life-altering, including:
Our team represents injured people in a wide range of property injury cases, including:
Property owners and their insurers often argue that a hazard was obvious, that they didn’t know about it, or that the injured person wasn’t paying attention. Our team gathers the evidence needed to answer those arguments, including surveillance footage, incident reports, maintenance and inspection logs, prior complaints, witness statements, and photos of the scene. We also work with medical providers to document the full extent of your injuries.
To recover compensation, you generally must show four things:
Have questions about whether a property owner may be responsible? Call Desert Star Law Group at (602) 686-9936 for a free case review.
Depending on the circumstances, you may need to show that the owner or an employee created the dangerous condition, knew about it, or should have discovered it through reasonable care.
Actual notice means they knew about it, such as through an employee report or a prior complaint. Constructive notice means the hazard existed long enough that a reasonable owner would have discovered it and taken reasonable steps to address it.
In some self-service businesses, Arizona’s mode of operation rule may eliminate the need to prove that the business knew about the specific hazard. The rule can apply when the business could reasonably anticipate that dangerous conditions would regularly arise from how it operates. It does not automatically establish negligence.
Depending on the facts of your case, you may be able to recover compensation for:
When a property owner’s negligence causes a death, families may pursue a wrongful death claim. In exceptional cases involving intentional harm or outrageous conduct that consciously disregards a substantial risk of serious injury, punitive damages may also be available.
An average settlement figure cannot tell you what your individual claim is worth. Values depend on the severity of the injuries, the cost of medical care, lost income, the strength of the evidence proving the owner’s negligence, any comparative fault, and the available insurance coverage.
A minor sprain may resolve for a modest amount, while a traumatic brain injury or spinal injury can justify a much larger recovery. An attorney can evaluate your specific facts and give you a realistic sense of what your claim may be worth.
Desert Star Law Group handles premises liability cases on a contingency fee basis. There are no upfront costs, and you pay nothing unless we recover compensation for you. Our fee comes from a percentage of the recovery, and we put it in writing before we begin. We also guarantee that our clients always receive more from a settlement than our firm does, even if that means reducing our fee.
The steps you take after an injury can protect both your health and your claim:
Desert Star Law Group was founded to give injury victims in Arizona the same level of legal protection that large corporations and insurance companies have always enjoyed. We focus exclusively on personal injury law, and we represent injured people, never insurance companies. That focus keeps managing attorney Colby Wells and our team ahead of the tactics property owners and their insurers use to deny or minimize premises liability claims.
From your first call, we listen to your story and explain your options clearly. We connect you with quality medical care, whether or not you have health insurance, and we handle every conversation with the insurance company so you’re protected from pressure and unfair tactics.
Our team investigates thoroughly, gathering surveillance footage, maintenance records, and witness statements, and works with experts when a case calls for it. That preparation has helped our clients recover millions in settlements and verdicts, and when a fair settlement isn’t offered, we’re ready to take your case to trial.
Desert Star Law Group serves injured people throughout Maricopa County and across Arizona. Spanish language assistance is available.
Contact Desert Star Law Group at (602) 686-9936 for a free case review.
He was driving straight through a green light at a familiar intersection when an oncoming vehicle suddenly made a left turn directly in front of him. He didn’t have time to react before the vehicles collided, which triggered the airbags.
He was sent to the hospital from the scene, underwent 2 back surgeries, and required extensive physical therapy. He’s back to 100% with a $370,000 settlement.
She was traveling on the highway in moderate traffic when a vehicle behind her began weaving between lanes at a high rate of speed. Moments later, that vehicle lost control and collided with several cars, setting off a chain-reaction crash that ultimately impacted her vehicle.
After the collision, she experienced neck and upper back pain along with persistent headaches. She was later diagnosed with cervical and thoracic strain, as well as a concussion. She ended up having back surgery and underwent a course of treatment for her head injury that included physical therapy and monitored recovery. Over time, her symptoms resolved, and she returned to her normal routine without ongoing limitations. $150,000 Settlement
He was a dog groomer who made house calls in his truck. While grooming a dog he was bitten, severing several tendons in his dominant hand. He required surgery to repair the tendons and almost a year of PT to regain full range of motion. He carries scars on his arm that will last a long time. Settled for $150,000.
