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Property owners are responsible for keeping their visitors safe, and they can be held liable for any accidents that occur on their premises. However, not all situations warrant a civil claim. Several qualifications must be met before you can pursue a case.
If you were injured on another person’s property, speak with an attorney about determining the validity of a premises liability claim in Tucson. By talking to a dedicated injury attorney, you could gain a better understanding of your legal rights.
There are many factors to consider when determining whether someone has a legitimate premises liability claim. Before assessing a case, lawyers typically need to know:
Once it is confirmed that the accident occurred on someone else’s property, it is important to know why the injured party was on the premises. If the plaintiff was at a store to do business, they might have a valid claim. Conversely, if the injured party wandered onto the premises without permission, they are considered a trespasser and may not be able to recover compensation.
Attorneys must also identify who owns the property, as it could impact how they proceed with the case. For example, if someone is injured at a public park, they might pursue a claim against the government entity responsible for its maintenance. In this situation, the claims process would be much different than a typical private property case.
Regardless of who had control of the property, the injured party must prove that the property owner knew or should have known about the hazard and failed to take adequate steps to prevent the accident.
If the injured party cannot prove that the property owner had constructive or actual notice of the hazard that caused the accident, it will be difficult to recover compensation. An example of constructive real notice would be a tenant telling the landlord they believe there is a gas leak in their apartment.
Constructive notice is when the property owner should have known about the issue. For example, if the landlord had maintenance staff doing regular inspections, they would have known about the gas leak without being told by the tenant.
If the maintenance staff wrote a report detailing that there is a gas leak and the landlord reviewed it, that would be actual notice. The type of notice the property owner received prior to the accident can significantly impact the strength of a plaintiff’s premises liability claim.
If you believe you have a strong case against a property owner, you should meet with a lawyer immediately. The skilled attorneys at Zanes Law have experience determining the validity of premises liability claims in Tucson. Our legal team could review all the evidence in your case and put you on the track to success.