How is fault determined in a premises liability case?
In Arizona, fault is determined in a premises liability case based on the evidence that is presented to the court. Generally, the plaintiff must prove that the property owner was negligent in order to recover damages from the property owner. The plaintiff must show that the property owner had a duty to maintain the premises in a certain way and failed to do so, resulting in the injury of the plaintiff. In order to prove negligence, the plaintiff must show that the property owner breached their duty of care. The court will assess the situation to determine if the property owner used reasonable care to keep the premises safe. The plaintiff must provide evidence that the property owner was aware of the hazard that caused the slip and fall, or should have been aware of it if they had been exercising reasonable care. The court will also consider the actions of the plaintiff in determining fault. It is important for the plaintiff to show that they were acting reasonably and taking precautions to protect themselves. The court will also evaluate any facts and circumstances that the jury finds relevant in determining the fault of the property owner. Overall, determining fault in a premises liability case can be a complex process, and it is important for the plaintiff to demonstrate the elements of negligence. An experienced attorney can provide guidance in navigating the legal system and proving the fault of the property owner.
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