Slip and Fall Accidents in Phoenix — Premises Liability in Arizona

July 7, 2022 · By Law Badgers · 3 min read
Slip and Fall

If you’ve been injured in a slip and fall on someone else’s property, you may have a premises liability claim. In Arizona, property owners and occupiers have a legal duty to maintain their premises in a reasonably safe condition — and when they fail, they’re responsible for the injuries that result.

What Is Premises Liability?

Premises liability is the area of law that holds property owners and occupiers responsible for injuries that occur on their property due to unsafe conditions. Common slip and fall scenarios include wet floors without warning signs in stores, uneven sidewalks or parking lots, poor lighting in stairwells or parking garages, loose or torn carpeting, icy or debris-covered walkways, and broken handrails or steps.

What You Must Prove

Arizona slip and fall cases are negligence claims, which means you must prove all four elements: the property owner owed you a duty of care, the owner breached that duty by failing to address a dangerous condition, that breach caused your fall and injuries, and you suffered actual damages.

The critical question is usually whether the owner knew or should have known about the dangerous condition. A grocery store that ignores a spill for 30 minutes is far more liable than one where a bottle broke 10 seconds before you walked by. This is why the timeline of the hazard matters — and why surveillance footage from the property is often the most important piece of evidence.

Your Status on the Property Matters

Arizona law distinguishes between different types of visitors:

Invitees — people invited onto the property for the owner’s benefit, like customers in a store — receive the highest duty of care. The owner must inspect for hazards and either fix them or warn about them.

Licensees — social guests and others present with permission but not for the owner’s benefit — are owed a duty to warn about known dangers.

Trespassers generally receive limited protection, though Arizona does impose some duties even toward trespassers in certain circumstances, especially involving children (the “attractive nuisance” doctrine).

Common Defenses in Slip and Fall Cases

Property owners and their insurance companies frequently argue that the hazard was “open and obvious” and you should have seen it, that you were distracted (looking at your phone, for example), that you were wearing inappropriate footwear, or that the condition didn’t exist long enough for the owner to reasonably discover it.

Arizona’s comparative fault rule (A.R.S. § 12-2505) means your award can be reduced if you’re found partially at fault — but you don’t lose your case entirely.

What to Do After a Slip and Fall

Report the incident to the property owner or manager immediately and ask for a written incident report. Take photos of the hazard — the wet floor, uneven surface, broken step — before it gets cleaned up or repaired. Get names and contact information from witnesses. Seek medical attention, even if you think you’re okay.

Do not give a recorded statement to the property owner’s insurance company without speaking to an attorney first. These statements are used to find things they can use against you.

Don’t Underestimate These Cases

Slip and fall injuries can be severe — broken hips, traumatic brain injuries from hitting the ground, spinal cord damage, and torn ligaments. The statute of limitations is two years, but evidence preservation is time-critical. Surveillance footage is typically overwritten within 14–30 days. The sooner you call an attorney, the better your chances of preserving the proof you need.

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