Category: Premises Liability

Suing the Defendant for an Injury-Causing Property Hazard

In the stereotypical case, motor vehicle accident claims are associated with negligent or reckless operation of a vehicle by a driver.  For example, the injured plaintiff may have a legitimate claim to bring against the defendant-driver for distracted driving, or excessive speeding (which caused the accident at-issue).  There are certainly situations that call for unique liabilities, however. In some cases, you may find yourself in a situation where you have a claim against a property owner or possessor of land.  More specifically, the defendant may have contributed to your injuries by having failed to maintain their property in a reasonably safe condition (thereby exposing you to a dangerous condition of their property, or in other words, a hazard), or by failing to warn drivers of latent dangers existing on such property. Premises Liability Basics In Arizona, the rules of premises liability are quite simple (and they are readily applied to such defendants in motor vehicle accident scenarios).  Essentially, you may have a claim against the defendant property owner or possessor if the defendant fails to maintain their premises in a reasonably safe condition, or if the defendant fails to warn or otherwise give notice to premises entrants of non-obvious, dangerous hazards. All this legal terminology can be fairly confusing to the untrained reader, so for the purpose of clarity, let’s run through a quick and basic example. Suppose that you are involved in an accident in the parking lot of a major retailer.  You were driving and a non-obvious pit […]