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Premises Liability
Slip and Fall Lawyer in Arizona
Property owners are not automatically responsible every time someone falls, but Arizona law does hold them accountable when a hazard they knew or should have known about caused your injury.
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What Do You Have to Prove in an Arizona Slip and Fall Case?
Quick answer: You generally need to show the property owner (or someone in control of the property) knew, or reasonably should have known, about a dangerous condition and failed to fix it or warn you, and that the condition actually caused your fall and injury. Simply falling on someone’s property is not enough on its own, the hazard and the owner’s failure to address it are what make the case.
On This Page
What Counts as a Dangerous Condition
Wet floors without warning signs, uneven or broken pavement, poor lighting in stairwells, loose flooring or carpeting, and inadequate maintenance of parking lots or sidewalks are common examples. The key legal question is always whether the hazard existed long enough, or was foreseeable enough, that the property owner should have addressed it.
Awards & Recognition
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Notice: The Core of a Slip and Fall Case
Arizona premises liability law generally requires showing the property owner had actual notice (they knew about the hazard) or constructive notice (the hazard existed long enough that a reasonably careful owner should have discovered it). A spill that happened seconds before your fall is a very different case than one that sat unaddressed for hours.
Your Status on the Property Matters
Arizona law generally recognizes different duties owed to invitees (customers, there for the owner’s benefit), licensees (social guests), and trespassers. Business owners generally owe the highest duty of care to customers, which is why most slip and fall claims arise from retail stores, restaurants, and similar businesses.
Comparative Fault in Slip and Fall Cases
Property owners often argue the injured person was not paying attention, was on their phone, or ignored a warning sign. Under A.R.S. § 12-2505, this can reduce your recovery but does not automatically bar it, fault gets apportioned, not treated as all-or-nothing.
Injured in a fall on someone else’s property in Arizona? Talk to our litigation team before you respond.
Call 602-932-6010What You Can Recover
Remedies & Damages
Arizona law allows recovery for both the immediate and long-term costs of a fall.
Economic Damages
Medical billsPast & future
Lost wagesPast & future
Non-Economic Damages
Pain and sufferingCase-specific
Loss of enjoyment of lifeCase-specific
Especially Common In
Retail stores
Restaurants
Apartment complexes
Document the Scene Before It Changes
Photos of the hazard, taken immediately, are often the single most important piece of evidence in a slip and fall case, and spills, debris, and hazards get cleaned up fast.
How These Disputes Get Resolved
Litigation Strategy
Common Property Owner Defenses
Open and obvious hazard: arguing the danger was clearly visible and you should have avoided it.
No notice: claiming they did not know, and could not reasonably have known, about the hazard.
Comparative fault: arguing you were distracted or not being careful.
Common Questions
Slip and Fall Lawyer in Arizona FAQs
Do I automatically win if I fell on someone’s property?
No. You need to show the property owner knew or should have known about a dangerous condition and failed to address it, not just that a fall happened.
What if there was a wet floor sign?
A warning sign can weaken a claim, but it is not automatically a complete defense, especially if the hazard was more dangerous than the warning suggested.
How long do I have to file a slip and fall claim in Arizona?
Generally two years from the date of the fall under A.R.S. § 12-542, though claims against a government property owner require a 180-day Notice of Claim under A.R.S. § 12-821.01.
What should I do right after a fall?
Photograph the hazard and the scene immediately, get medical attention, and report the fall to the property owner or manager in writing if possible.
Does it matter if I was a customer versus just visiting?
Yes. Arizona law generally recognizes different duties of care depending on your legal status on the property, customers are typically owed the highest duty.
Key Takeaways
- Proving notice, that the owner knew or should have known about the hazard, is usually the core of the case.
- Photograph the hazard immediately, conditions get cleaned up or changed quickly.
- A warning sign does not automatically defeat a claim.
- Comparative fault can reduce, but does not automatically bar, your recovery.
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The information on this page is for general informational purposes only and is not legal advice. No attorney-client relationship is formed by reading this page or submitting a contact form. Past results do not guarantee a similar outcome.
