Premises liability is an area of personal injury law that holds property owners and managers responsible for injuries that occur on their property due to unsafe conditions. At the Law Office of J. Marc Montijo, we help injured victims in Arizona understand their rights under premises liability laws and seek compensation for their injuries.



What Is Premises Liability?

Premises liability refers to the legal responsibility of property owners to maintain their property in a reasonably safe condition. This applies to both residential and commercial properties, including businesses, rental properties, and public spaces. If a property owner or manager fails to uphold this duty and someone is injured as a result, the victim may have a legal claim for compensation.

Common premises liability cases include:

• Slip and Fall Accidents: These occur when a person slips, trips, or falls due to hazardous conditions such as wet floors, uneven pavement, or debris left in walkways.
• Negligent Security: If a property owner fails to provide adequate security in areas where it’s reasonably necessary (e.g., parking lots or apartment complexes), they can be held liable if someone is assaulted or harmed on the premises.
• Dog Bites: Arizona holds dog owners strictly liable for injuries caused by their pets, regardless of whether the dog has a history of aggression.
• Swimming Pool Accidents: Property owners with pools are required to have certain safety measures in place, particularly in areas where children might be present.
• Falling Objects: Injuries caused by objects falling from shelves, signs, or structures can also fall under premises liability.

Key Elements of a Premises Liability Claim

For a successful premises liability claim in Arizona, the injured party must prove certain elements:

1. Duty of Care: The property owner or occupier had a legal duty to maintain the property and ensure it was safe for visitors.
2. Breach of Duty: The owner failed to fulfill their responsibility to maintain the property or warn of hazards.
3. Causation: The breach of duty directly caused the injury.
4. Damages: The injured person suffered damages (physical injury, medical bills, lost wages, etc.) as a result of the unsafe condition.

In Arizona, the level of responsibility a property owner owes to a visitor depends on the visitor’s status:

• Invitees: People who are on the property for business purposes, such as customers in a store. Property owners owe the highest duty of care to invitees and must regularly inspect the property for hazards.
• Licensees: Individuals who are on the property for non-business purposes, such as social guests. Owners must warn licensees of known hazards.
• Trespassers: People who are on the property without permission. While property owners generally owe trespassers a lesser duty of care, they cannot intentionally harm them.

Arizona’s Comparative Negligence Rule

In Arizona, the state follows a "comparative negligence" rule, which means that even if the injured party is partly responsible for their own injuries, they can still recover damages. However, their compensation may be reduced by their percentage of fault. For example, if a person is found to be 20% at fault for a slip and fall accident, they can recover 80% of their total damages.

What to Do If You’re Injured on Someone Else’s Property

If you’ve been injured on someone else’s property, it’s essential to take immediate steps to protect your legal rights:

1. Seek Medical Attention: Your health is the top priority. Make sure to get proper medical care as soon as possible after the incident.
2. Document the Scene: If you’re able, take photos or videos of the area where the injury occurred, including any hazards or unsafe conditions.
3. Report the Incident: Notify the property owner or manager of the accident and get a written report, if possible.
4. Gather Witness Information: If anyone saw the accident happen, collect their contact information.
5. Contact an Attorney: Premises liability cases can be complex, so it’s important to consult with an experienced attorney who can help you navigate the legal process.

How the Law Office of J. Marc Montijo Can Help

At the Law Office of J. Marc Montijo, we understand the physical, emotional, and financial toll that premises liability injuries can take on victims and their families. Our team is experienced in handling premises liability cases in Arizona and is dedicated to ensuring that property owners are held accountable for their negligence.

We will thoroughly investigate your case, gather evidence, and advocate on your behalf to secure fair compensation for your injuries. Whether you were injured in a slip and fall, dog attack, or another premises-related accident, we are here to provide the legal support you need.

Premises liability laws in Arizona are designed to protect individuals from unsafe conditions on someone else’s property. If you or a loved one has been injured due to the negligence of a property owner, you may be entitled to compensation. The Law Office of J. Marc Montijo is here to help you understand your rights and fight for the justice you deserve. Contact us today for a consultation.