In Arizona, property owners, business owners, and landlords owe a duty of care to others on their property to maintain a safe and hazard-free environment. Failure to properly do so puts individuals at risk of suffering severe, but preventable injuries. Under premise liability law, a property owner’s duty of care is categorized into three areas: 1) Licensee, 2) Invitee, or 3) Trespassers.
A licensee is someone who entered the premises with the permission of the owner (the owner does not expect financial gain from the licensee). If you are found to be a licensee, a property owner must warn the licensees about any concealed dangers or hazardous conditions on the property. For example, a delivery person at a store is considered a licensee.
An invitee is someone who is on the property to potentially bring financial benefit for the business owner. For example, a person shopping at a retail store.
A trespasser is illegally on the property and owners traditionally owe no duty of care. But, a property owner may be liable if they willfully injury the trespasser or a child is injured. If a child is injured, you must prove the property owner knew of the dangerous condition that would likely harm the child, the child was likely to trespass, and the property owner failed to use reasonable care to protect the child from harm. This exception for child trespassers is in place because children do not always have the ability to appreciate the dangers of certain conditions.
If you or a loved one has been injured on another’s property, the Phoenix premises liability attorneys at Sargon Law Group can help represent your interests and pursue compensation for the applicable injuries, pain and suffering, future care, and medical bills.