Arizona Premises Liability Lawyer

What does an Arizona property owner owe a visitor?

It depends on why the visitor was there. Arizona generally follows the traditional categories, and the owner's duty is strongest toward business visitors.

• Invitees, such as shoppers, resort guests and restaurant customers, are owed reasonable care, including inspecting for hidden dangers and fixing or warning about them.
• Licensees, such as social guests, are generally owed a warning about dangers the owner knows of and the guest would not expect.
• Trespassers are owed the least, though owners may not set traps or willfully injure them, and children receive added protection from attractive hazards such as pools.

The label is only a starting point. The key questions are usually whether the owner knew or should have known about the danger and whether it acted reasonably.

What heat-related hazards lead to Arizona premises claims?

Extreme heat creates dangers that owners in cooler states rarely face. Owners who serve the public should expect and address them.

• Burns from pavement, metal railings, slides and playground surfaces in summer.
• Heat illness when air conditioning fails in apartments, assisted living facilities or businesses.
• Cracked and heaved concrete caused by heat cycles, leading to trip hazards.
• Slippery pool decks and splash areas around hotels and community pools.

A property manager that ignores a broken air conditioning system for vulnerable tenants or leaves a metal playground unshaded may face claims when someone is hurt.

Who is responsible for a pool accident in Arizona?

Often the owner or operator, when a barrier, gate, cover or supervision failure allowed the injury. Arizona has many backyard, apartment, community association and resort pools, and drownings involving young children are a serious concern.

Common issues include self-closing gates that do not latch, missing fencing, broken drain covers, cloudy water, lack of lifeguards where promised and slippery decks. Many local governments have pool barrier rules, and violating them can be evidence of negligence. For a resort or apartment pool, the management company, the owner and any maintenance contractor may all share responsibility.

How does fault sharing work in an Arizona fall case?

Your recovery is reduced by your share of fault, but you are not barred from recovering. Fault may also be divided among multiple owners or contractors.

Consider a guest at a Scottsdale resort who slips on a pool deck where a cleaning crew left a slick residue. Damages total $120,000. The jury finds the cleaning contractor 50% at fault, the resort 30% for failing to inspect and the guest 20% for walking quickly in wet sandals. The guest recovers $96,000. Because Arizona generally makes each defendant pay only its own share, the contractor would generally owe $60,000 and the resort $36,000.

Can a business be liable for a crime on its property?

Sometimes. If a business knew or should have known of a risk of violent crime, such as prior incidents at an apartment complex, parking garage or bar, and failed to take reasonable steps like lighting, gates, cameras or security staff, it may share responsibility. Our premises liability page explains how negligent security claims are built.

What if the injury happened on public property in Arizona?

A notice of claim must generally be filed within 180 days with the public entity or employee. A lawsuit generally must follow within 1 year.

Falls on broken city sidewalks, injuries in county parks, hazards at public pools and dangerous conditions at state facilities all fall under these rules. The notice must include specific facts and a settlement amount, and it must reach the right official. Federal lands, such as national parks, follow federal procedures instead. Our page on government and public property injury claims explains more.

Whether the property is public or private, the first steps are the same: document the hazard, report the incident and get medical care. Ask for the incident report, photograph the area and get witness names. Keep shoes and clothing, and contact a lawyer who can request preservation of video.

Most private premises claims in Arizona must be filed within 2 years, and there is no cap on damages. If a dog was involved, see our dog bite page. For more on Arizona law, visit the Arizona injury guide or our Arizona wrongful death page. We offer a free case review, and you pay no fee unless we win.