Accidents can pop up at any moment and usually when you are least prepared. While most accidents are due to no one’s fault, some may be caused by the negligence of another while out and about or while on someone else’s property. Fortunately, premises liability law provides accident victims with a way to seek compensation for accident related expenses and damages. If you were hurt at someones home after being invited to a party, you may be able to obtain a financial award in court depending on the circumstances surrounding the incident.
What Is Premises Liability Law?
Premises liability law was put into action to give accident victims a way to seek compensation from irresponsible property owners. If someone is injured while attending a gathering or party and was invited, the owner of the property may be held liable if he was reckless or careless. The property owner may not be at fault if you tripped over your own feet and sustained a head injury. However, if there was a hole in his yard that was not marked or repaired and that was the cause of your fall, you may have a case.
Types Of Premises Liability Accidents
When people are gathered together for a party, there are many different scenarios that can lead to disaster. In many cases, alcohol is being served and this often leads to irresponsible or reckless behavior. Some of the most common types of accidents that lead to personal injury case filings in the United States today are:
- Slip And Falls
- Dog Bites
- Accidents Due To Icy Driveways Or Sidewalks
- Steps That Are In Disrepair
- Swimming Pool Incidents
- Trampoline Accidents
Any of the above situations may be considered under Arizona premises liability law. However, the burden of proof is one the plaintiff. This means that you must be able to prove in court that the property owner was negligent and directly caused your injuries. As you can imagine, this is not always an easy task. For this reason, it is best to have an experienced personal injury attorney working to prove your case.
Injuries can happen in so many different ways, but some are more common than others. The following injuries are commonly seen in residential accidents:
- Compound Fractures
- Multiple Broken Bones
- Facial Fractures Or Lacerations
- Traumatic Brain Injuries
- Closed Head Injuries
- Internal Organ Damage Leading To Bleeding
When accidents happen, victims can be left with injuries that range from moderate to severe. Those who sustain injuries that require extensive time off from work or home health care may consider seeking compensation for these things in court.
Who Is Protected Under Premises Liability?
In order to be protected under the Arizona premises liability law, you must have been an invitee. This means that the property owner specifically invited you onto his property for the party and he agrees to take steps to ensure your safety. Invitees are usually friends, family members and neighbors.
Arizona Statute Of Limitations
Arizona gives residents a certain amount of time in which to file a lawsuit in civil court after an accident. The statute of limitations in this state is 2 years after the accident and injury occurred. It is important to stick to this time frame, as failing to do so will most likely cause your case to be invalid and thrown out of court.
Comparative Negligence Laws
The state of Arizona follows comparative negligence laws, which could affect the amount of your settlement. If you are found to be partially responsible for your injuries, your settlement would be offset according to the percentage of fault the jury assigned you. Whether or not this will be a factor in your lawsuit depends on the circumstances surrounding your accident. It is a good idea to have an attorney evaluate your case and let you know if this could be a problem for you.
Being injured while on someone else’s property is never a pleasant experience. It can be difficult to bring a lawsuit against a property owner that is a close friend or neighbor. In most cases, the property owner’s homeowners insurance company will pay for your injuries. If you have sustained an injury while attending a gathering at someone’s home, contact a personal injury attorney today to learn what options you have available to you under Arizona law.