There are many ways an accident can happen. There are some cases in which they may be a person’s own wrongdoing. Other times, they may happen due to another individual’s negligence. There are many situations in which people are legally required to provide others with a duty of care. When a person fails to provide this care, it is called negligence.
If an injury occurs due to this negligence, it is known as a personal injury accident. In these situations, victims of accidents often wish to hold the negligent party responsible for any damages. This can be done through a personal injury lawsuit. There are several reasons why an individual may be obligated to owe another person a duty of care. This can include premises and product liability law.
Premises Liability
Premises liability is when a person is injured due to unmaintained property conditions. In the state of Arizona, property owners have a legal obligation to ensure their grounds are safe. This requires them to make repairs to their property, warn people about unsafe conditions, ensure the property is safe, and provide necessary security measures.
When injuries occur on another person’s property, they may be liable for negligence. Situations that are considered premises liability can include slip and fall accidents, dangerous conditions, defective security, inadequate maintenance, school negligence, and more. When an injured party wants to hold another person liable for their injuries, they are required to prove two things: the party was responsible for taking care of the property the accident occurred on and the injuries sustained were a result of their inability to do so.
Product Liability
Product liability is when a person is injured because of a defective product. If a manufacturer makes a mistake during production or they deviate from the usual protocol when making it, a product can malfunction. When this happens, people can sustain very serious injuries. There are three main categories of defects seen in product liability cases:
- Design defect: When a designer does not account for a user’s safety when creating the product
- Manufacturer defect: When a manufacturer strays from the usual production process, causing the product to injure someone
- Failure to warn: When a company fails to provide a warning label for a product that can hurt someone if it used incorrectly
Statute of Limitations
It is important to know that there is a statute of limitations on filing a claim for a personal injury lawsuit. This places a deadline on the amount of time an individual has to file a claim. If they fail to do so within a certain amount of time, they may no longer be able to bring a lawsuit against this party. In the state of Arizona, the statute of limitations for a personal injury lawsuit is two years.
Contact our Firm
The legal team at Weintraub & Weintraub has years of experience representing clients who have been injured in accidents due to the negligence of others as well as those who are facing charges of driving under the influence. If you need strong legal representation, contact our firm today.