Jump to Navigation

Phoenix Premises Liability Law Blog

Mack T. Jones Honored

In its October/November 2011 issue, North Valley Magazine honored Bohm & Jones, P.C. attorney Mack T. Jones by naming him a "Top Lawyer 2011." The "Top Lawyer" selections are based on attorneys' Avvo ratings. Both Mack Jones and Robert Bohm, partners at Bohm & Jones, P.C., have Avvo's top rating of 10.0 and endorsements from other attorneys.

Mack also has been

• selected in multiple years by Southwest Super Lawyers Magazine as an Arizona "Super Lawyer," and

• awarded the highest rating of "AV" by the Martindale-Hubbell peer lawyer-rating service.

A recognized authority in Arizona on premises injury cases, Mack is a frequent lecturer to legal groups on Premises Injury Law and on trial practice techniques. He is known as an attorney who focuses on the client, advising and advocating for, rather than approaching the case as a financial transaction.

Everyone at the firm is really proud of Mack's latest honor and all look forward to celebrating at a special dinner!

Urgent Halloween Safety Warning

Target Recalls Frog Halloween Costume

Target has issued an immediate recall of about 3,400 frog masks for fear that kids may suffocate. The retailer is warning parents to immediately return the masks.

The Consumer Product Safety Commission announced the recall on Friday, stating that cheap $1 masks lack proper ventilation. No incidents regarding the masks have yet been reported.

Target had exclusive sale rights on the plush masks, and are offering full refunds to anyone who returns the potentially dangerous masks.

October 16-22 is National Teen Driver Safety Week

Teen Driving 101: What You Should Know Before Tires Touch the Pavement

Safety, Insurance, Affordability Top Priority List

The lawyers and staff at Bohm & Jones, P.C. hope you will join us in observing National Teen Driver Safety Week. Its goal of reducing the number of collisions involving teenage drivers is something where everyone  - parents, teen drivers, and their family - can work together.

National Teen Driver Safety Week - October 16-22, 2011 is dedicated to raising awareness and seeking solutions to unnecessary teen deaths on the road. Established by Congress in 2007 and held annually on the third week of each October, its goal is to focus the country's attention on this serious issue. This year's theme is supporting parents in teaching their teens to drive. This includes helping you navigate the practice driving phase, as well as driving on your own. Research shows that teens who say their parents set rules and monitor their driving in a helpful, supportive way are half as likely to crash and twice as likely to buckle up as teens with less involved parents. The evidence also reveals that the majority of teens (87 percent) have a parent involved in the learning-to-drive process.

Motor vehicle crashes are the top killer of teens, according to the Centers for Disease Control and Prevention. Visit the CDC Teen Drivers Home.

When it comes to driving, teens are tops in all the wrong categories: highest crash rates, highest number of passengers killed in crashes, most crashes per million miles traveled. The good news, if you can call it that, is that research shows exactly which behaviors contribute to teen crashes. Inexperience and immaturity combined with speed, drinking and driving, not wearing seat belts, distracted driving (cell phone use, loud music, other teen passengers, etc.), drowsy driving, nighttime driving, and other drug use aggravate this problem. Key strategies to reduce teen crashes include graduated driver licensing; wearing seatbelts; preventing alcohol use; and, most important, you - the parent!

Teen Driver Education - center for the National Highway Traffic Administration teen driver program, including the Parental Toolkit for National Teen Driver Safety Week, Oct. 16-22

Teen Driving Parents - home for training materials from the National Safety Council, including the parent/teen driving agreement (download)

- teens are the frequent victims and unfortunately causes of collisions caused by red light running. For more information go to the website.

Safe - and Affordable - Cars

What not to buy: Large pickups and SUVs tend to have a high center of gravity and are more prone to rollovers, plus they are bulky and simply more difficult to handle. Any kind of sports car or luxury auto with power should also be avoided, for obvious reasons. Instead, look for cars with advanced safety features like side-curtain airbags, electronic stability control and good crash-test ratings. Fuel efficiency and a reasonable price tag don't hurt, either.

Cars for Teen Drivers - comprehensive review of what to look for in choosing a safe car for teen and college-age drivers from Consumer Reports, including top picks (also see video above)

Top Cars for Teens - expert review of the features and best-pick cars for young drivers by the Wall Street Journal

Cost-Cutting Tips on Car Insurance


It's not surprising given the crash-prone track record for teenage drivers that auto insurance premiums for this group are sky-high. However, there are ways you can control costs while not compromising on important protections. Safer cars, as referenced above, cost less to insure. Many insurance companies provide discounts for good grades (a "B" average or better) or teens who take approved defensive-driving courses. Protect yourself as well: don't skimp on liability, as an injured party could come after your home, savings or other assets if damages in an accident caused by your teen driver exceed the liability limits in your insurance policy.

Eight Tips to Cut Car Insurance for Teens, MSN Money

Car Insurance for Teenage Drivers, Edmunds.com

Tips for Buying Auto Insurance, Teendriving.com

Please join or all of us at Bohm & Jones, P.C. in our efforts to decrease injuries and deaths caused by collisions involving teen drivers.

Halloween Safety

Him Halloween is almost upon us and kids will be dressed up, walking door-to-door collecting sweet treats. With all the excitement of trick-or-treating, parents tend to forget the simple safety tips that can help protect those trick-or-treaters. All of us at Bohm & Jones P.C. want to ensure that your children have a safe and happy Halloween

The Centers for Disease Control (CDC) reports that children between 5 - 14 are four times more likely to be killed on Halloween than any other day of the year. That is why Halloween safety is important to trick-or-treaters, drivers and homeowners. Falls are the leading cause of injuries on Halloween, usually from tripping over costumes or running in the dark. Parents can help prevent Halloween injuries by following these simple safety tips.

When walking in neighborhoods, children (and their parents) should

· Use flashlights, stay on sidewalks, and avoid walking through yards.

· Cross streets at the corner, use crosswalks, and never cross between parked cars.

· Wear clothing that is bright, reflective, and flame retardant.

· Consider using face paint instead of masks so vision is not obscured.

· Avoid wearing oversized costumes or shoes, as this will help prevent tripping.

Children should:

· Go only to well-lit houses. They should never into the house, even if they know the people who lived there.

· Travel in small groups, accompanied by an adult.

· Have their name and address securely attached to their costumes.

· Bring treats home for inspection. Never eat candy before a parent has examined it.

· Wear costumes that have reflective material and that are short enough to prevent tripping and falling.

· Wear well-fitting, sturdy shoes.

Parents and adults should:

· Not allow children under age 12 to trick-or-treat without an adult.

· Review traffic safety rules with children before they go out.

· Inspect all candy for safety before children eat it.

· Watch for pedestrians - drive slowly and watch for children when exiting driveways.

Homeowners should:

· Prepare homes for trick-or-treaters by clearing porches, lawns, and sidewalks and by placing jack-o-lanterns away from entryways.

· Put pets away to protect them from cars or inadvertently biting a trick-or-treater. Pets get frightened on Halloween.

· Never pass out choking hazards such as gum, peanuts, hard candies, or small toys as treats to young children.

· Use battery powered jack-o'-lantern candles rather than real flame.

· If you must use candles, place the pumpkin well away from where trick-or-treaters will be walking or standing.

Halloween is an exciting time for kids. Parents: Please don't overestimate your children's street safety skills. The lawyers at Bohm & Jones P.C. have seen too many examples of children being injured simply because they did not have the sufficient skills to recognize a dangerous condition. It is always devastating when a child has an accident, but a serious injury on a holiday will ruin that special time for years. By keeping safe on Halloween, you and your kids will have lasting, happy, memories for years to come. May you fear ghosts and goblins on Halloween, not a serious accident or injury.

Falls Are a Common Cause of Serious Injury and Death

Tripping, slipping, and falling can often lead to very severe and permanent injuries. However, these types of premises liability claims are often difficult to prove. Although the general belief is that a property owner is automatically responsible for harm occurring on their property, that is not the case. These types of claims involve a variety of complex legal issues. In fact, these claims are among the most difficult of all injury cases to pursue and win.

Bohm & Jones, P.C., Phoenix, Arizona, fall injury accident lawyers, are experienced in representing clients who have been injured in trip or slip and fall accidents. We have successfully recovered damages and compensation for clients from many large national chain stores, convenience stores, from apartment and condominium complexes, from commercial office buildings and from shopping malls.

If you were injured in a trip and fall, slip and fall, or other premises liability accident and suspect that the business or property owner may be liable, contact our office as soon as possible. We offer free consultations and you owe us know fees until we successfully resolve your case.

The Burden of Proof in Premises Liability and Slip and Fall Accidents

Simply being injured while on another person's property does not make that person or property owner liable for your injuries. You must prove negligence, meaning that the owner failed provide or maintain a safe premises, created hazardous conditions on the property, and failed to eliminate hazards. Owner liability and negligence may be based on failure to repair a walkway problem, to keep stairs in good repair, to provide adequate lighting, to clean up a spill in a timely manner or to fail to adequately warn a guest or customer about a dangerous condition. Contact us for help in figuring out your options according to the law if you were injured in a slip and fall accident on another person's property.

Why Is Contacting a Lawyer So Important?

Since premises liability and slip and fall claims involve complicated laws and legal issues, the first and most important step is to contact an experienced premises liability attorney, like the lawyers at Bohm & Jones, P.C. A thorough and quick investigation must be conducted and eyewitnesses must be contacted prior to any alteration or modification of the dangerous area. You should contact a lawyer as soon as is reasonably possible. The lawyers at Bohm & Jones, P.C. are available to help you.

There are deadlines and statutes of limitations that may significantly affect your slip and fall case. You should not wait until the statute of limitations period is running out because your attorney will need enough time to complete his or her investigation. The attorneys at Bohm & Jones, P.C. Are experienced in dealing with complex slip and fall legal issues and helping people get compensation for their injuries.

Slip and Fall Legal Issues Under Arizona Law

Frequently, a property owner in premises liability claims will claim that the injured victim should have seen the hazardous condition that caused the slip and fall. This claim can be weak, considering that retailers often distract customers from watching their steps. Business or property owners use eye-catching advertising and packaging to encourage customers to focus on the products rather than on the floor.

Another important slip and fall legal issue involves the "status" of the visitor or customer on the property. Owner liability will depend on what type of visitor the injured person was when injured: invitee, licensee, or trespasser.

Invitee. If a property owner invites a person to enter the property, he or she may be liable for failure to have "reasonable care" in keeping the premises safe. Examples include supermarket and retail store customers and, in Arizona, guests of an apartment tenant or motel guest.

Licensee. A licensee is not a customer, employee or trespasser; does not have a contract with the property owner; and is allowed by the owner on the property. A social guest at a home is considered a licensee. The property owner is liable for injury to a licensee for "willful or wanton" injury, for hidden dangers, and if the guest is not adequately warned about dangers.

Trespasser. A trespasser enters someone else's property without permission, like a burglar or other unwanted guest. A business or property owner is least liable compared with the other categories of visitors.

A trespasser is clearly defined, but figuring out whether the injured person was an invitee or licensee according to Arizona law can be difficult. Contact the lawyers at Bohm & Jones, P.C. For help with these complex trip or slip and fall legal issues and for help in building a strong slip and fall injury claim.

More Kids Suffer Sports-Related Head Injuries

Sports-related head injuries were responsible for an almost 60% increase in emergency department visits for traumatic brain injury (TBI) during the past decade -- and children were the most likely victims, Center for Disease Control (CDC) researchers have found.

From 2001 to 2009, an estimated 173,000 children ages 5 to 18 were treated for traumatic brain injuries annually, and annual emergency department visits for traumatic brain injuries regardless of age jumped from 153,375 to 248,418, according to Julie Gilchrist, MD, of the CDC's division of unintentional injury prevention, and colleagues, who reported their findings in Morbidity and Mortality Weekly Report.

Their analysis included all sports and recreation related injuries reported to a national database compiled by the U.S. Consumer Product Safety Commission that includes data on all initial emergency department visits for treatment of injuries. During those 8 years, the "rate of TBI visits increased 57%."

Two activities -- bicycling and football -- were most commonly associated with TBIs. But in some sports that have fewer overall injuries -- horseback riding, ice skating, all-terrain vehicle riding, tobogganing/sledding and even golfing -- head injuries account for more than 10% of all injuries.

Adolescent and teenage boys were more likely to sustain a TBI playing football or riding a bike, while adolescent and teenage girls faced the greatest risk of a TBI from playing soccer or basketball or while biking.

The CDC researchers noted a number of limitations to their findings, including the inability to calculate a precise injury rate "because of a lack of national participation and exposure data" as well as the fact that the data only represent patients treated in emergency departments, which might not capture the true number of injuries." Peculiarities of the database may result in under-reporting since skull fractures are recorded as a fracture of the head, not a traumatic brain injury.

The authors concluded that the "frequency of TBIs and the wide variety of activities associated with them underscore the need to prevent, recognize, and respond to sports and recreation-related TBIs." They urged wider use of prevention tools, including a CDC-sponsored head injury prevention initiative called "Heads Up."

Safety Is No Accident

Preventable injuries rank among the top 10 causes of death. Every year, thousands of people will die or sustain serious injuries from injuries where, had reasonable steps been taken, there would have been no injury. The lawyers at Bohm & Jones P.C. see the consequences of people's carelessness every day.

Examples of such preventable injuries include those sustained from trips, slips and falls, burns, drowning, accidental poisonings, not wearing a seat belt, head injuries received by not wearing a bike helmet, etc. It only takes a moment for an injury to happen - a trip on a sidewalk or walkway, a fall on a stair, a child left alone by a swimming pool, a quick glance away from the road, a biking or sports-related injury, a medication mix-up. But it also takes just a moment to protect against injuries and make us all safer.

"Safety is No Accident." The focus is on how we can live injury-free at work, home, play, in the community, and anywhere people are on the move. The National Public Health Association points out that it only takes a moment for an injury to occur, but there are things we can all do to reduce the risk of the most common injuries. Taking actions such as wearing a seatbelt, properly installing and using child safety seats, wearing a helmet, ensure smoke detectors are working properly, inspecting sidewalks and walkways to prevent falls, and storing cleaning supplies in locked cabinets are important ways to proactively promote safety and prevent injuries.

Some common sense tips for preventing injuries are:

At home:

•· Inspect your home for poor lighting or uneven surfaces to prevent falls.

•· Make sure handrails are properly placed and attached in stairways.

•· Install and maintain smoke alarms or carbon monoxide detectors.

•· Make sure all electrical outlets are inaccessible to children.

•· Supervise young children whenever they are near cooking surfaces and never leave food unattended on stove.

•· Program emergency number (including poison control) into your phone.

•· Store medicines and cleaning supplies in locked cabinets out of the reach of children.

On the move:

•· Wear a seat belt on every trip, no matter how small.

•· Never text, eat, put on make-up or using the phone while driving.

•· Walk facing traffic, and make yourself visible by wearing reflective colthing if walking at night.

•· Be mindful of the environment and be careful when crossing the road. Use crosswalks and do not jay walk.

Safety is no accident. Together, we can help prevent injuries in all areas of life. By doing at least one thing - no matter how small - you can take a step towards creating a safer home, workplace or community for you and your loved ones. For additional safety tips contact the attorneys at Bohm & Jones, P.C.

Premises Injury Law

Premises liability law refers to the liability of landowners or landlords or occupiers of land for injuries that occur on their property. Examples include someone tripping over a change in elevation in a sidewalk or walkway, someone falling on stairs that have been improperly built or maintained, slipping on a liquid spill at a store that the store failed to clean up, someone falling into a hole that was difficult to see, someone falling through a rotten deck, a child being injured in a fall from a window that was not properly guarded, or someone injured by falling merchandise. A property owner can also be liable for inadequate security or lighting, such as an assault occurring in a parking lot that did not have adequate lighting at night. There are many other causes of injuries on someone else's property, so it was impossible to list every possible type of accident here. If you have been injured on someone else's property, contact us.

Our tort system, which involves bringing civil lawsuits for people injured by the fault of others, has two primary goals. The first is to change the conduct of people, corporations and government to make our world safer. By holding parties at fault for the injury and damages they cause, we make people act safer. By holding people at fault accountable for their action, we seek to change their actions in the future. By having a system under which people know they will be held liable if they negligently harm another, we all act safer for the betterment of society. The injured person may also be partially at fault and responsible and the law takes this into account. The second goal is to compensate the injured person for the harm they have suffered.

Society becomes safer and better for what we do for our clients. The risk of injuring others and being held liable for that harm assures that we keep our land and premises free of dangers for the safety of all.

The owner of the premises is liable for injuries caused when they knew of an unsafe condition, or failed to exercise ordinary care to discover the unsafe condition, and that they should have realized that this unsafe condition involves an unreasonable risk to harm others.

The duty of care may include removing the hazardous condition, safeguarding the hazardous condition, or at least warning of the hazardous condition. A grocery store, hardware store or other business establishment has a duty to keep its premises reasonably free of physically dangerous conditions, like produce on the floor, falling merchandise, tripping conditions, etc. There are many hazardous conditions that fall in the area of premises liability law, so should you need assistance, please contact us.

Welcome to Our Phoenix Premises Liability Blog

When you have been hurt in a slip-and-fall accident on residential or commercial property owned by someone else, a focused and experienced lawyer can help you pursue full and fair compensation for all your losses. Arizona's legal system can be confusing and intimidating, with a unique set of rules and a language of its own. You want an attorney who understands all the issues that can arise and knows how to get financial compensation for all your losses, from wages and income to medical expenses and pain and suffering.

At Bohm & Jones, P.C., we have protected the rights of personal injury victims since 1987, including people hurt in slip-and-fall accidents, those injured due to poor access for people with disabilities, and those involved in accidents at hotels and resorts. We assist clients throughout Phoenix who have sustained an injury because of a slip or fall on dangerous or negligently maintained property. We know how to quickly determine the next step in your premises liability case.

Contact our office by e-mail or call our attorneys at 602-635-1384 to arrange a free initial consultation.

Our Premises Liability Law Blog

We created this blog to provide helpful information to people in and around Phoenix who have been injured as a result of poor or negligent property maintenance. We will post regular updates on this blog, addressing a wide range of premises liability topics, including:

We welcome your participation in the discussions on this blog. Feel free to comment on posts that interest you.

It's important to note that the stories and cases reported on this blog are not meant to implicitly or explicitly depict cases actively handled by our firm. In most cases, the blog will simply be covering cases similar to those we are interested in handling.

Contact Our Office

Contact us online or call us at 602-635-1384 for more information.

Contact Form

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close
Subscribe to This Blog's Feed
Office Location

Bohm & Jones, P.C.
2141 East Camelback Road, Suite 100
Phoenix, AZ 85016
Phone: 602-635-1384
Fax: 602-840-0425
Map and Directions