Premises owners usually owe a duty of care to individuals who visit their premises. This is especially true for individuals who own business premises where customers provide a benefit—usually a monetary benefit.

In general, property owners have a duty to ensure that their premises are in a reasonably safe condition at all times for the benefit of their visitors. Property owners and their employees must warn about or correct known dangerous hazards that exist on the premises. They also have a duty to regularly inspect their premises for hazards and unsafe conditions. If the hazard is of a type that a property visitor generally would not notice, then the premises owner must promptly repair the defect or warn visitors about it—such as by putting up a warning placard or roping off the area.

Property defects, such as slippery floors, loose railings or steps, and even security concerns, can leave property visitors very seriously injured. In turn, these visitors might need to seek significant medical treatment for the injuries they suffered in a premises accident.

If you or someone you love suffered an injury on residential, commercial, or public property, you could be eligible to recover compensation from the property owner or manager. Arizona has strict premises liability laws that hold property owners liable when guests injure themselves due to hazardous conditions on the property. The Zanes Law Tucson premises liability attorneys will help you get paid the fair compensation you deserve for your injury.

In many instances, property owners’ insurance companies will try and lowball an accident victim’s case. For example, the insurance company—through its adjuster—might allege that the accident victim’s injuries were not all that serious or that the claimed injury or injuries were preexisting and did not result from the premises accident. When that happens, the experienced team of Tucson premises liability attorneys at Zanes Law can negotiate with the insurance company’s representatives on your behalf in hopes of obtaining a fair monetary offer to settle your case.

If the at-fault party’s insurance company is unwilling to offer you the full value for your injury case, we could then file a lawsuit on your behalf in the Arizona state court system and litigate it to a conclusion. A case that we litigate could be favorably resolved at a jury trial—or an alternative dispute resolution proceeding, such as mediation or binding arbitration.

At Zanes Law, we believe that our injured clients should focus on getting better and making a full recovery from the injuries they suffered in their premises accident—all while we take care of everything else. That is why our Tucson injury attorneys handle everything from A to Z for our clients, from negotiation to litigation to wrapping up the case. We even travel to you for a free, no-obligation case evaluation when and where it is convenient for you. No need to fight traffic to come to our office; we will come to you. To speak with a member of our team today and set up your free consultation, call us at (520) 777-7777.

Zanes Law Is Your Premises Liability Legal Team in Tucson, AZ

Whether your injury occurred indoors or outdoors, on public or private property, or in a commercial or residential area, there is a good chance you are eligible to collect compensation. After receiving the medical care you need, your next call should be to a premises liability lawyer in Tucson. At Zanes Law, we have helped many clients in the same situation as you recover the compensation they deserve. We have a long and successful track record, and we want to put it to work for you.

We have successfully negotiated favorable settlements and jury verdicts in cases that involve slip and fall accidents, negligent security matters, and defective staircases and railings. In our experience, insurance companies are usually not willing to offer full and fair compensation for your injuries without effective persuasion. After all—why should they? What’s in it for them?

When you let the experienced Tucson premises liability attorneys at Zanes Law handle your case, you can rest assured that we will give your case the zealous, result-oriented legal representation it needs for you to be successful and recover favorable money damages for your injuries.

Residential Property Injuries in Tucson

The owners of residential property have a duty to ensure that their premises are in a safe condition for the benefit of their visitors. At a minimum, property owners and their employees have a duty to make sure that they warn about known dangerous conditions or defects on the property—or that they take prompt measures to correct the property hazard. If you suffered injuries on residential property, many parties may be partly or wholly liable for your medical expenses and other damages.

These parties include:

  • The property owner
  • The property manager
  • The landlord
  • The tenant
  • The homeowners’ association
  • The homebuilder

Zanes Law will investigate your injury, identify the potentially responsible parties and begin the process of gathering evidence against them. Most private residences have coverage from homeowner’s insurance policies, and you need a dedicated premises liability lawyer to take on the insurance company and make sure they pay you what you deserve.

Remember, insurance companies are in the business of making money—not paying out personal injury claims that result from premises accidents. Many times, these insurance companies will do everything that they can to avoid paying out a claim and offering you the compensation that you deserve. Our knowledgeable legal team can take on the insurance company firsthand and pursue a favorable settlement offer on your behalf.

Commercial Property Injuries in Tucson, Arizona

Business invitees, including customers at a store, shopping mall, or restaurant, are owed the highest legal duty of care by the property owner. Property owners and their employees are responsible not only for warning about or correcting known premises hazards, but also for inspecting the premises and warning about/correcting potential unknown hazards.

We have helped many clients collect compensation for injuries suffered on commercial property. When an injury occurs at a business, liable parties may include:

  • The property owner
  • The business
  • The maintenance company
  • And several others

We will investigate your injury, determine who was liable and build a compelling case on your behalf. Our premises liability lawyers in Tucson, AZ, will take on the insurance company and make sure you get the fair compensation to which you are entitled.

Public Property Injuries in Tucson, Arizona

Some serious premises accidents, including slips and falls, take place on public property. A governmental entity or municipality, such as a city, county, or township, might own or manage public property. In cases where accident victims suffer injuries on public property, the accident victim might be eligible to pursue a claim or lawsuit against the municipality.

However, in some instances, there are notice provisions that apply before filing a lawsuit against a governmental entity. If the accident victim goes ahead and files the lawsuit—without adhering to the notice provision—the lawsuit could be dismissed by a court, and the accident victim would not recover monetary compensation and damages for the injuries he or she suffered in the accident.

Injuries on public property tend to be more complex to litigate, but there is still an excellent chance that you are eligible for compensation. You should speak with a premises liability lawyer as soon as possible after your injury to learn what your legal options are and what you should expect from your claim. Zanes Law has helped many clients recover damages for injuries suffered on public property.

To learn more about what a premises liability lawyer in Tucson, AZ, from Zanes Law will do for you, call us at 866-499-8989 to set up a free case evaluation.

We Will Help You with Any Injury

Property owners and their employees must keep their properties in a reasonably safe condition at all times. This includes maintaining the property itself and all fixtures located on the property, like railings and stairwells. No matter how your injury occurred, we want to hear from you. Our attorneys have helped clients recover compensation for injuries caused by the following and more:

  • Wet or slippery floors
  • Unmarked obstacles on the floor
  • Loose or missing stairs
  • Loose or missing handrails
  • Poor lighting
  • Foundational building damage
  • Exposed electrical wires
  • Falling objects
  • Animal bites

The owners of business premises also have a duty to ensure that their properties have security cameras and that there is a security presence on the premises. If a fight breaks out in a bar or parking lot, for example, and a person suffers injuries, then the victim might be eligible to assert a claim against the bar/restaurant for negligent security.

Whether your injury was commonplace or bizarre, we will gather evidence on your behalf and put together a compelling case showing that the property manager, property owner, or another party is liable for your injuries. We will take on them and their insurance company and make sure you recover the damages you deserve.

Count on Zanes Law to Fight for the Compensation You Deserve

At Zanes Law, our attorneys fight for fair compensation, ensuring that clients who suffered injuries on someone else’s property get paid what they deserve. We take on the insurance companies and pursue both economic and non-economic damages. We will help you recover a settlement that includes compensation for the following and more:

Medical Bills

When a person is involved in a premises accident, he or she might endure serious injuries that require significant medical treatment. The nature and extent of the injuries that an accident victim suffers depend on the type of accident and how it occurs. For example, if the person is involved in a slip and fall accident, he or she might suffer a broken bone. In addition to broken bones, some other injuries that an individual might suffer in a premises accident include the following:

  • Traumatic head and brain injuriesThese injuries happen when a significant amount of force impacts the accident victim’s head—or when the head hits the ground (or something else) with a significant amount of force. A slip and fall accident where the accident victim lands on his or her head could lead to a traumatic injury. Traumatic head injuries include brain bruises (otherwise known as concussions). Also, when a significant amount of force is involved, the brain’s neurons and axons could become severed, resulting in impaired functioning as well as memory losses. Some serious head injuries can leave accident victims in a permanent comatose state.
  • Soft tissue injuriesSoft tissue injuries are typically muscular injuries, sprains, strains, and contusions. Just because a soft tissue injury does not involve a broken bone, however, does not mean that the injury is not a serious one. In fact, many soft tissue injuries require physical therapy to treat, and in some instances, they can wind up being permanent injuries.
  • Spinal cord injuriesWhen a person slips and falls or is involved in some other premises accident, the accident victim could suffer a spinal cord or paralysis injury. This is especially true when an accident victim lands on his or her back or neck. A spinal cord injury can occur when a person’s nerves are severed or torn and can result in full or partial paralysis. Full paralysis means that the accident victim is completely unable to move or feel in the affected area (and sometimes below that area). Partial paralysis, on the other hand, means that the person has limited ability to move or feel in the affected area.

In most cases, hospital stays, doctor visits, and physical therapy are not cheap, and medical bills can mount up quickly. Therefore, retain an experienced Tucson premises liability attorney at Zanes Law to pursue a personal injury claim on your behalf.

Even if you had health insurance coverage in place that paid for some or all of your medical treatment, you might still claim medical damages. However, your health insurer might assert a lien against a portion of your monetary recovery.

At Zanes Law, we will pursue both current and anticipated future medical expenses. We could also retain a medical expert to testify in your case. In the event the at-fault party’s insurance company is disputing damages in your premises liability matter, a medical doctor could assist by causally connecting your injury, medical treatment, and medical bills to the premises accident. If you feel that you might need medical treatment for your premises injuries at some point—or if a health care provider has told you this—then a medical expert could state in writing the nature of the treatment, its necessity, and the anticipated future cost of that treatment.

Lost Wages

Serious injuries suffered in a premises accident might necessitate that the accident victim misses time away from his or her work. In some instances, after suffering injuries in a serious premises accident, the accident victim might not work for a while. This time off work might be necessary because:

  • The accident victim needs time to recuperate and recover from the injuries he or she suffered in the accident.
  • The accident victim cannot complete his or her job duties because of the related injuries.
  • The accident victim has to attend medical or physical therapy appointments as a result of the injuries he or she sustained.

To prove that you should receive compensation for lost wages, a health care provider must ordinarily authorize you to be off work. In addition, you must have documentation from your employer that states the number of hours that you missed—and the amount that you were making on a daily, weekly, or monthly basis.

The experienced legal team at Zanes Law will help you get paid for the income you have forfeited due to missed work.

Reduced Earning Capacity

In cases where an accident victim suffers a serious injury in a premises accident, he or she might not return to the same job or occupation. For example, if the accident victim is a construction worker or builder who suffers a serious back injury on someone else’s premises, then he or she might need to switch to light-duty work—or switch careers altogether. To do this, the accident victim might end up forfeiting a significant amount of money in the process going forward. This loss of earning capacity is legally compensable.

If your future earning potential diminishes because of your injury, we will ensure that the responsible party and their insurer pay you the difference.

Pain and Suffering and Inconvenience

Medical expenses, lost wages, and other out-of-pocket costs are economic damages. That is because your lawyer can calculate the amounts of these damages in exact dollars and cents. Noneconomic damages, on the other hand, are more subjective and more difficult to quantify. The main purpose of non-economic damages in a premises liability case is to compensate accident victims for all of the inconvenience, pain, and suffering they had to endure as a result of their injuries.

In addition, pain and suffering damages are sometimes a means of compensating accident victims for their loss of enjoyment of life—such as for no longer taking part in activities that they once enjoyed before their accident. Such activities might include spending time with family members and friends. Pain and suffering damages can also compensate accident victims for the loss of their ability to use a certain body part, such as in the case of a spinal cord or paralysis injury. Finally, pain and suffering damages also encompass loss of consortium claims—where the injuries sustained by the accident victim limit or prevent the ability to have sexual relations with a spouse.

If you have sustained injuries in a premises accident, you are entitled to substantial compensation for your pain, suffering, and inconvenience. A premises liability lawyer in Tucson, AZ, with Zanes Law fights for this compensation. We will work hard and zealously advocate for you to ensure that you receive proper compensation from the at-fault party’s insurance company for your injuries.

To set up your free case evaluation today, call Zanes Law at (520) 777-7777.

The Statutes of Limitations

If you sustained injuries while visiting someone else’s premises, speak with an experienced Tucson premises liability attorney as soon as possible after your accident. This is because accident victims do not have an unlimited amount of time in which to seek monetary compensation and damages for the injuries they suffered. In fact, in Arizona, personal injury victims generally have two years to file a claim or take legal action, but the deadline could be shorter or longer depending on several factors.

Doug Zanes

Doug Zanes, Tucson Premises Liability Lawyer

In most cases, absent some extremely limited exceptions, the two-year statute of limitations begins to run on the date of the premises accident and continues for two years. In the event the accident victim fails to bring a claim or lawsuit for damages within that two-year deadline, he or she will waive the right to recover monetary compensation in the case.

Although the personal injury statute of limitations in place for the State of Arizona is relatively short when compared with other states, it has a practical purpose. First, it ensures that witnesses will remain available to testify if the matter must go to trial. It also ensures that other evidence does not grow stale over time.

At Zanes Law, we will evaluate your claim and let you know when you need to file, and, if necessary, we will take quick legal action to ensure your claim does not get time-barred. If time is starting to run out, our legal team can file a lawsuit to protect against the statute of limitations running. Call us at (520) 777-7777 to find out more.

Call to Set Up Your Free Case Evaluation

If you have suffered injuries in an accident that occurred on someone else’s premises, the skilled legal team at Zanes Law is ready to get to work for you today. You can sign up with us right away in a single phone call, and a premises liability lawyer will come to you to conduct the initial case evaluation. We never collect a fee until we recover money for you. To get started right away, call our Tucson office at (520) 777-7777 for more information.

Victims of Tucson premises accidents are sometimes unsure of where to turn for help. What follows are the answers to some common questions that arise in the context of premises accidents and injuries. Of course, the experienced Tucson premises liability attorneys at Zanes Law are always ready and available to answer your legal questions and address concerns about your premises liability case.

Premises accidents in and around Tucson can occur both indoors and outdoors, as well as on business or residential premises. Premises where Tucson accidents may occur include businesses and restaurants in the downtown area. Restaurants are especially susceptible to slip and fall accidents because food and drink can spill onto the floor, creating slippery surfaces. In addition to the business premises themselves, accidents can occur in areas that surround the business premises, including elevators, escalators, parking lots, and parking garages.

If you suffered harm in an accident that occurred in one of these areas, the Tucson premises liability attorneys at Zanes Law are ready to help. Our legal team could help you pursue compensation for your injuries from the at-fault party’s insurance company. Litigation is always an option in your case if the insurance company is unwilling to offer you a favorable settlement to resolve your legal matter.

When people suffer injuries in a Tucson premises accident, they are often unsure of where to turn or what to do next. Fortunately, the knowledgeable and experienced Tucson premises liability lawyers at Zanes Law are here to help. Our legal team can answer all of your questions and address your concerns while you focus your attention on recovering from your injuries and getting well again. Our legal team can also pursue a claim against the at-fault party’s insurance company on your behalf.

To succeed in a personal injury claim arising from a premises accident, there are certain important steps that you can take after your accident. Those steps include:

  • Seeking initial medical treatment, even if you are unsure of whether you suffered injuries in the accident—If you suspect that you might have injuries from a slip and fall or some other premises accident, you should do your best to seek same-day medical care and attention. You can obtain this medical care at a hospital emergency room or urgent care center. The treating doctor or other health care provider on duty can diagnose your condition, and if necessary, recommend additional treatment for your injuries. If you are not sure if you have injuries, it is still a good idea to get checked out and let the health care provider make that determination. In many cases, injury symptoms are not evident until several days after the accident happens.
  • Speaking with witnesses at the accident scene—In a premises accident case, witness testimony often becomes extremely important. In fact, in disputed premises liability cases, the success of the case often depends upon the testimony of one or two witnesses. Eyewitnesses to the occurrence can explain what they observed and can attest to the events that they saw unfold. They can also talk about observations that they made about the premises themselves, such as spills on the floor or leaks from the ceiling. An eyewitness to the occurrence could then come to court and testify at trial about what he or she observed.
  • Report the incident to someone who is in charge at the premises—As soon as possible after the incident, you should report what happened to a manager or someone else who is in charge. For example, if you sustained injuries in a slip and fall accident that occurred in a store, you should report the incident to the store manager who is on duty at that time. A manager will most likely have you complete an incident report where you detail what happened and note any injuries that you suffered in the accident.
  • Don’t give a recorded statement to the at-fault party’s insurance company—If you suffered injuries on someone else’s premises and report the incident, you might receive contact from the premises owner’s insurance company for a recorded statement. Contrary to what the insurance company representative might tell you, you are not required to give the at-fault party’s insurance company a recorded statement. Insurance companies typically request a recorded statement when they believe that there is at least some question as to fault or liability for the incident. The purpose of these recorded statements is for the insurance company to see if they can “trip you up” or get you to say something that is ultimately damaging to your case. You should never agree to provide a recorded statement to the at-fault party’s insurance company without having an experienced Tucson premises liability attorney on the phone or with you in person.

The claims process usually begins when the accident victim’s attorney files a claim for monetary compensation against the at-fault party’s insurance company. The first step in the process is to assemble a demand package that the insurance company adjuster will review and evaluate. The demand package consists of several important pieces of information and documentation that are important to the accident victim’s case. Those pieces of documentation may include:

  • Photographs of the incident scene that may depict the property defect, such as a spill on the floor, loose floorboard, loose railing, or broken stair step, for example
  • Photographs of a broken bone, cut, scrape, bruise, abrasion, or other injury depicting an injury that the accident victim suffered
  • Copies of pertinent medical records, reports, and bills
  • A victim impact statement
  • Lost wage documentation if the accident victim missed time from work
  • All investigation reports
  • Eyewitness reports and other incident reports about how the premises accident occurred

Once the insurance company reviews all of this documentation in the demand package, it will decide on liability—or fault—for the incident. If the insurance company decides to accept fault for the accident, the adjuster might make an offer to settle the case. Since initial settlement offers are usually far below the actual value of the case, it may take several rounds of negotiations before the accident victim’s lawyer—and the insurance company—can come to a favorable settlement.

If the parties reach an impasse in the settlement negotiations, the accident victim might elect to file a personal injury lawsuit in the state court system. When an injured plaintiff files a lawsuit, the parties will usually participate in the discovery process to find out more about each side’s version of the case. This exercise might put the parties in a better position to settle the case—and might entice the insurance company to put more settlement money on the table.

Also, once a lawsuit begins, some courts will set a settlement conference or court-ordered mediation proceeding. At these proceedings, a judge or settlement officer will listen to each side’s version of the case and work to facilitate a settlement offer that both sides can live with. If the case does not settle, then the case may proceed forward to a jury trial or alternative dispute resolution proceeding.

If you have suffered one or more injuries in a premises accident, you need skilled legal representation in your corner throughout the entire process. A knowledgeable Tucson premises liability attorney at Zanes Law can help you file your claim and pursue monetary compensation that fully and fairly compensates you for your injuries. If that is not possible, our legal team can file a lawsuit and begin the litigation process that unfolds in the court system.

 

The majority of personal injury cases, including those that involve premises accidents, settle at some point out of court. However, for those cases that do not settle, a jury trial may be an option.

There are always risks associated with taking a premises accident case to a jury trial, and there is no way to determine how a jury will view your case and the evidence that is presented at trial.

When a case goes to a jury trial, the jury decides all of the disputed issues in the case. In some premises accident cases, the insurance company disputes liability. For example, the insurance company might contend that the accident victim did something to cause or contribute to the accident and his or her injuries. The accident victim might have been wearing shoes with worn soles or might not have been paying attention to an open and obvious condition on the premises. In those instances, the jury will decide the issue of fault. Also, in premises accident cases, juries will decide the issue of damages, which is the amount of monetary compensation the accident victim should receive for his or her injuries.

The accident victim makes the final determination about whether or not to take a case to trial. At trial, the attorneys make opening and closing statements, present evidence, and examine and cross-examine witnesses who take the stand. Once both sides present all of their evidence in the case, the trial judge instructs the jury on the law that they are supposed to consider when deciding the case. The jury then retires to deliberate the verdict.

If you suffered injuries in a premises accident and decide to take your case to a jury trial, you can rest assured that the attorneys at Zanes Law will zealously advocate for you and your legal interests in the courtroom. We will present a compelling case on your behalf and introduce the necessary evidence to ensure that you receive the compensation you need for your injuries.

If the premises owner’s insurance company refuses to offer you the compensation that you need for your injuries, you may have other options available to you besides going to trial. In some cases, for example, binding arbitration might be a viable alternative to a jury trial. At a binding arbitration proceeding, the parties put on their case before a neutral, third-party arbitrator—much like they would at a jury trial. The arbitrator then decides the outcome of the case and decides on damages. Binding arbitrations are sometimes preferable to a jury trial because the ultimate goal is to award the accident victim money. Also, in a binding arbitration proceeding, the arbitration result is not appealable to a court.

Likewise, as an alternative to a jury trial, the parties might engage a mediator to help facilitate settlement discussions in the case. Even if a premises accident case does not actually settle at mediation, it might bring the parties closer together, resulting in a favorable settlement agreement later on.

The experienced Tucson premises liability attorneys at Zanes Law can explore your alternatives to trial and help you pick the best option for your case and circumstances.

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