Who Is Liable in a Premises Liability Case?

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Who Is Liable in a Premises Liability Case?

Property owners have a responsibility for keeping their premises safe for any person who has the right to enter. Those who own or operate private, commercial, or government property all owe a duty of care, and they could potentially be called responsible for injuries that occur on their premises. Here, we want to examine potential liability for a premises liability case.

A warehouse with a parked yellow forklift with the overlay text: Who Is Liable in a Premises Liability Case?

Possible Liable Parties

There may be various parties who can hold liability after an injury occurs at a specific property. A thorough investigation into these incidents is crucial in order to determine which party should be held liable, and sometimes, there multiple parties may be responsible for causing a person harm.


Private residence owners

Individuals who own private residences are not shielded from liability if an injury occurs on their premises. Those who own private homes, apartments, townhomes, manufactured homes, and any other private residence all owe a duty of care to any person who has an expectation to be on the premises. This includes not only invited guests but also individuals such as delivery drivers, utility workers, maintenance individuals, long workers, etc.


Business owners

Business owners could hold liability if a person sustains an injury on their property. We purposely said "business owners" and not land owners because it is not uncommon for businesses to lease property from someone else but retain liability for any injuries that occur on the premises. This can get confusing if there is a separate owner for a business and the actual property. A thorough investigation will need to be done into the wording of the lease agreement in order to determine liability for injuries that occur.


Property managers

In some cases, a property manager or a property managing company could hold liability for an injury if they are directly responsible for all maintenance and upkeep of the premises. It is not uncommon for property or business owners to turn over the workings of the premises to an entirely separate company. Again, there should be a thorough investigation into the wording of the arrangement between a property owner and the property manager in order to determine the level of liability of each party.


Government entities

We interact with government properties on a regular basis, sometimes without even realizing it. Government properties include areas such as town halls, civic centers, recreation facilities, and more, but they can also include areas such as public parks, sidewalks in a town, and even regular roadways. Government agencies and any entity tasked with operating the government property could hold liability should an injury occur on the premises.


Will You Need Help From an Attorney?

If you or someone you care about has sustained an injury due to the negligent actions of a property owner in Arizona, you need to seek legal assistance quickly. These claims can become complicated very, but a Phoenix personal injury attorney can get involved, conduct an investigation, and help determine all possible liable parties. Your Phoenix premises liability lawyer will handle all facets of the claim on your behalf so you can focus on your recovery.