Premises Liability

Personal Injury Lawyers Serving Tucson, Phoenix, Flagstaff and all Arizona communities

Slipping and falling is one example of the millions of accidents that happen every day here in the United States. While these incidents often result from one’s own negligence, they may also be caused by poor premises maintenance or failure to warn guests of the presence of hazards. Under premises liability law, property owners and managers have the responsibility of providing their guests with a safe place to visit and stay.

If you have been injured on another party’s property, then you may have the right file a premises liability claim. Call the Tucson, Phoenix, and Flagstaff personal injury lawyers of Miller, Pitt, Feldman & McAnally, P.C. to learn more about your legal rights and options.

A Possessor’s Duties

A property possessor is anyone who owns or occupies a building or piece of land. These individuals have a responsibility to protect the safety of their guests, which includes both invitees and licensees. The duties owed are as follows:

    • Invitee: An invitee is anyone who has been invited to access a piece of property for the purpose of conducting business dealings, such as a customer in a shop. The property possessor must warn or protect invitees from unreasonable risks of harm if he or she knows or should know about the hazard.
    • Licensee: A licensee is anyone who has been invited to access a piece of property for any other purpose besides business – for example, as social guests. If the licensee is unaware of a hazard and the possessor fails to protect or warn the licensee from this danger, then the possessor may be held liable for any injuries that occur as a result.

Trespassers, or people who were not given permission to enter the property, are not protected by premises liability law.