When you think about getting injured due to someone else’s negligence, you may not think of your neighbor as the perpetrator. But if a homeowner fails to keep their property safe and secure, they can be held liable if their negligence leads to an injury. This is referred to as premises liability and it’s important to understand your rights in the event that you are injured by a negligent neighbor.
What is Premises Liability?
Premises liability is the legal concept that holds property owners responsible for any injuries that occur on their property as a result of their negligence or lack of upkeep. This means if you are injured due to a hazardous condition on someone else’s property, the owner of the property may have to compensate you for your losses.
The following are some of the most common types of premises liability claims that could allow you to recover compensation if you were injured by a neighbor:
Slip and Falls
The most common type of premises liability claim involves slip and falls. This occurs when an individual slips and falls due to an unsafe condition on the property, such as a wet floor, broken stairway, or uneven pavement.
Dog Bite Claims
Every year, thousands of people are bitten by dogs in the United States. When a dog bites someone in Arizona, the owner of the dog can be held liable under a legal theory called strict liability. This means that the owner is responsible for the dog bite regardless of whether they knew the dog was dangerous or if it had a history of biting. A Phoenix dog bite lawyer can help you assess your options following an attack by a neighbor’s pet.
Swimming Pool Accidents
Swimming pools can also lead to premises liability claims if someone is injured due to faulty maintenance, improper fencing, or other hazards in and around the pool area. Property owners are expected to exercise reasonable care when it comes to maintaining their pools and ensuring that visitors are safe when using them.
Types of Compensation in Arizona Premises Liability Claims
The two primary types of compensation available from premises liability claims are economic damages and non-economic damages.
Economic damages refer to any actual financial losses associated with your injury, including medical bills, lost wages due to time away from work, and any property damage caused by the incident.
Non-economic damages are more subjective and include things like pain and suffering, emotional distress, loss of enjoyment in life, and other intangible losses.
In addition to these forms of compensation, you may also be able to recover punitive damages in some cases. Punitive damages are awarded when the defendant’s behavior is deemed particularly egregious. Punitive damage awards can be substantial as they serve both as punishment for the defendant and as an incentive for them not to engage in similar behavior again in the future.
Calculating Your Damages in an Arizona Premises Liability Claim
When calculating your claim, it’s important that you keep track of all relevant information such as medical bills, lost wages, and other related expenses. In addition to this documentation, you should also make sure that you keep detailed records about how your injuries have impacted your life—this will help bolster your case for non-economic damages.
Finally, it’s important that you hire an experienced Phoenix personal injury lawyer who is familiar with premises liability law so that they can accurately assess your case and determine what kind of compensation is appropriate for your situation.
No matter what type of accident you were involved in, if it occurred on someone else’s property, you should speak with an experienced attorney about filing a premises liability claim against the negligent party or parties responsible for your losses. Contact us today to schedule a free consultation.