The primary source of recovery in premises liability incidents is a liability claim. There are three distinctly different claims depending on where the incident took place and who is responsible for the damages. Depending on the situation, different Arizona laws and theories may apply.
Residential Premises Claims: Residential claims often involve injury sustained while the injured party is a guest in the home of another. The possessor of land is liable to the injured party for any injuries sustained on the property only if the possessor knows about or should have discovered the condition that caused the injury, the condition posed an unreasonable risk of harm, the possessor should expect the invitees will either not discover the condition, realize its danger, or fail to protect themselves, and the possessor fails to exercise reasonable care to protect invitees.
Commercial Premises Claims: Commercial claims generally involve a business open to the public. Commercial claims vary slightly from residential premises claims. A proprietor of a business open to the public may be held liable for a customer’s injuries caused by a slip and fall if caused by an unreasonably dangerous condition if the proprietor either caused the condition, had notice of the condition, or should have known the condition existed through normal mode of operation.
Government Premises Claims: Government premises liability claims often involve a state building or a school. It is worth noting that schools in Arizona have a statutory and common law duty to protect the safety of their students. Breach of this duty and creating an unreasonable risk of harm to the student is negligence.