A fall may cause a fracture, head injury, back injury, or damaged ligament. Liability is not automatic: it depends on who controlled the location, what condition caused the fall, what the responsible party knew or should have known, any warnings, each person’s conduct, causation, and provable damages.
Arizona Premises Liability
The applicable duty depends on the person’s relationship to the property and the facts. Potential hazards may include liquids, uneven surfaces, poor lighting, loose carpeting, and damaged steps or handrails. In Perez v. Circle K, the Arizona Supreme Court addressed a business’s duty to customers in areas open to the public and explained that an “open and obvious” condition does not itself eliminate that duty.
What You Must Prove
A claim may require proof that a person or business owed a duty of care, breached that duty, and caused injuries and losses. Evidence about who created or knew of the condition—and whether there was a reasonable opportunity to address or warn about it—is often important.
Under A.R.S. § 12-2505, fault attributed to a claimant that proximately caused the injury reduces recoverable damages in proportion to that fault; partial fault does not automatically bar the claim.
Evidence Is Critical — and Time-Sensitive
The condition may be cleaned or repaired, and video-retention periods vary. Photographs, witness information, incident reports, inspection records, and timely written preservation requests may be important.
Deadlines Depend on the Claim
For many personal-injury actions, A.R.S. § 12-542 provides a general two-year period after the cause of action accrues. Do not assume every claim has two years: a claim against a public entity or employee may require a notice within 180 days under A.R.S. § 12-821.01, and A.R.S. § 12-821 provides a one-year period for the action. Accrual rules and other exceptions can change the analysis.
Learn what to do after a Phoenix slip and fall, which deadlines may apply, and what the claim must prove.
This page provides general information, not legal advice or a guarantee of liability, payment, damages, or outcome.