Primary Location
Phoenix Personal Injury Lawyers
2700 N Central Ave Suite 320, Phoenix, AZ 85004, United States
Phone: (602) 905-7766
Call us at (855) 855-8910
Call us at (855) 855-8910
Someone else owns the property. You get hurt on it. And now you're stuck with medical bills, missed work, and pain that won't quit.
That's premises liability in a nutshell. Arizona law says property owners have to keep their buildings, parking lots, and grounds reasonably safe. When they skip maintenance, ignore hazards, or cut corners on security, they're on the hook for injuries that result.
In Phoenix, we see these cases come from three main places:
If a property owner knew about a danger, or should have caught it during a routine walkthrough, and you got hurt because they didn't act, you've got grounds for a claim.
Phoenix has its own set of property hazards that we don't see as often in other cities. The desert climate, the building boom, and the sheer number of pools create a mix of risks that property owners should address but often ignore. Falls alone account for a significant share of preventable injury deaths nationwide [1].
Wet floors and spills rank at the top. Grocery stores, restaurants, big-box retailers. A produce aisle after someone drops a grape. A freshly mopped tile floor with no wet floor sign. These sound small until you're the one on the ground with a fractured wrist.
Cracked sidewalks and uneven surfaces show up near strip malls and older apartment complexes across the Valley. Concrete shifts in the heat. Tree roots push through walkways. Property owners know about it and leave it for months.
Pool accidents deserve their own conversation. Arizona's heat means pools are everywhere, from apartment complexes to HOA communities to backyard rentals. Drowning and near-drowning cases happen more than people realize. State law under A.R.S. 36-1681 [2] requires pool enclosures with specific fencing, self-closing gates, and latch heights. A missing gate latch or a barrier that's too short can turn a swimming pool into a death trap.
Poor lighting in parking garages near downtown Phoenix and the Camelback corridor puts people at risk every night. So does negligent security at apartment buildings, shopping centers, and bars along the nightlife strips.
Then there's monsoon season. Every year, unsecured construction materials, falling signs, and flooded walkways injure people on commercial properties. Property owners in Phoenix should know by now that monsoons are coming. Failing to prepare for them is negligence.
Not every fall on someone else's property means you have a case. Arizona looks at what type of visitor you were when the injury happened.
Invitees get the most protection. You're an invitee when you enter a property for the owner's benefit, like shopping at a store or visiting an office for a meeting. The property owner has to actively inspect for hazards, fix them, or at minimum put up a warning.
Licensees sit in the middle. Social guests fall here. A friend invites you to a barbecue and you trip over a broken patio step they knew about but never mentioned. They had a duty to warn you about known hidden dangers.
Trespassers get the least protection. But there's one big exception, and it comes up a lot in Phoenix. The attractive nuisance doctrine protects children. A backyard pool with a broken fence gate. Playground equipment at an abandoned property. If something on the property naturally draws kids in, the owner has to take steps to keep them out, even if the kids have no business being there.
Our attorneys won a $3.5 million verdict for a client who fell because of unsafe window design at a property. The owner knew the windows were a problem. Did nothing. That's the kind of case where liability is clear.
And landlords aren't off the hook for common areas. In rental-heavy neighborhoods like Arcadia and Maryvale, we see broken stairwells, dark parking lots, and unmaintained pool decks constantly. The landlord owns those spaces. The liability follows.
Here's something that surprises a lot of people. In Arizona, you can recover money for your injuries even if you were partly at fault.
Arizona's pure comparative fault rule, A.R.S. 12-2505 [3], means your compensation gets reduced by your share of the blame, but it doesn't disappear. Say a jury decides you were 20% at fault and the total damages are $100,000. You still walk away with $80,000.
So what does that mean for you? It means don't give up on your case just because the insurance company says you should've been watching where you were going. That's their favorite line. They'll also say you wore the wrong shoes, moved too fast, or should've seen the puddle. Every argument is designed to push your fault percentage higher and your payout lower.
We've watched adjusters try to pin 50% or more of the blame on injured people who did nothing wrong. A premises liability lawyer's job is to push back on that and protect your share.
Even if you do carry some fault, Arizona law was written to account for that. You still deserve compensation for the part that was the property owner's responsibility.
Four elements. That's what every premises liability case comes down to: duty of care, breach, causation, and damages. Miss one and the whole thing collapses.
Photos come first. Drop everything and photograph the hazard before anyone touches it. Property owners clean up fast after an injury. We've seen floors mopped within minutes of a fall. A broken step fixed the next day. If you don't capture it right then, the evidence vanishes.
Surveillance footage matters, but it comes with a catch. Most businesses record over their security cameras every 48 to 72 hours. Your lawyer needs to fire off a preservation letter immediately. Wait a week and the footage is gone.
One of our clients slipped on water at a retail store. Torn up her knee badly. The cameras? Not working. But our investigators tracked down an eyewitness who saw the puddle sitting there for over 20 minutes with no cleanup. We got $390,000 for her without a single frame of video.
Other things that build a strong case:
Start collecting evidence the day it happens. Every day you wait makes the case harder.
Your next few moves after a property injury shape everything that comes later. Here's the playbook we give our clients:
Report it on the spot. Find the property owner, manager, or whoever's in charge. Tell them what happened. Ask for an incident report. If they drag their feet on creating one, write down what happened yourself and send it to them in a text or email so there's a record.
Pull out your phone. Photograph the hazard from multiple angles. Get shots of your injuries, your shoes, and the area around where it happened. Wide shots and close-ups. Your phone timestamps every photo automatically, and that timestamp becomes evidence.
Grab witness info before people scatter. Names. Phone numbers. Even a quick note about what they saw. People forget details within days, and they're almost impossible to track down later.
Go to a doctor. Even if you feel okay. Especially if you feel okay. Concussions don't always show up immediately. Soft tissue injuries can take days to surface. And if you wait two weeks to see a doctor, the insurance company will argue you weren't really hurt.
When the adjuster calls, and they will, don't give them a recorded statement. They'll be polite. They'll say they just need the basics. What they're actually doing is building a case against you. Let your attorney handle that conversation.
Don't accept the first offer. It's almost always low. Sometimes insultingly low. A premises liability attorney who handles Phoenix cases knows the real value.
And know the deadlines. Arizona gives you two years to file a lawsuit under A.R.S. 12-542. But government property claims are different. If you got hurt at a city park, public building, or school campus, you've only got 180 days to file a notice of claim. That one catches people off guard constantly.
We handle property injury cases across the Valley, but some types walk through our door more than others.
Slip and fall at grocery stores and restaurants. A grape on the floor at Fry's. A grease spill in a restaurant kitchen that nobody cleaned up. Freshly mopped tile with no warning cone at a mall near Biltmore or Scottsdale Road. These cases seem straightforward until the store's insurance company starts arguing you should have looked down.
Swimming pool accidents are a Phoenix problem more than almost anywhere else. The heat keeps people in pools nine months a year. Apartment complexes, HOA communities, Airbnb rentals. A.R.S. 36-1681 sets specific fencing requirements for a reason. Our attorneys recovered $655,000 for a client who slipped on oils in a gym steam room and shattered their leg. The facility knew the floor was slick and did nothing.
Negligent security. Someone gets assaulted in a poorly lit apartment parking lot or outside a bar with no bouncer. The property owner saved money by skipping security cameras or patrols. That cost savings becomes liability when a tenant or visitor gets attacked.
Dog bites carry strict liability in Arizona under A.R.S. 11-1025. The dog doesn't need a history of aggression. The owner doesn't need prior knowledge. If a dog bites you on their property, they're liable. Period.
Construction site injuries from open holes, loose wiring, or falling debris. Elevator and escalator malfunctions. Slip and fall attorneys in Phoenix handle wet floors, uneven surfaces, and stairway hazards in commercial buildings. And every monsoon season, we get calls about falling signs. Our construction accident attorneys in Phoenix also handle debris and scaffolding failures on job sites that injure visitors, flooded walkways, and construction materials that weren't secured before the storm hit.
A property injury claim in Arizona can include several categories of damages. What you recover depends on how badly you were hurt and how strong the evidence is.
Medical expenses are usually the biggest number. ER visits, imaging, surgery, physical therapy, prescription medications, and any future treatment you'll need. Spine injuries from falls can mean years of follow-up care. Brain injuries from hitting concrete can mean a lifetime.
Lost wages cover the paychecks you missed while recovering. And if the injury permanently changes what you can earn, lost earning capacity gets factored in too. That number adds up fast for younger workers or anyone in a physically demanding job.
Pain and suffering. This one's harder to put a dollar figure on, but it's real. Chronic pain changes your daily life. So does anxiety about going back to the place where you got hurt. Courts recognize that.
Property damage for personal items destroyed in the incident. Your phone, glasses, clothing. Smaller dollar amounts but still recoverable.
Punitive damages show up in rare cases where the property owner's behavior was outrageous. A landlord who got three written complaints about a collapsing balcony railing and did nothing. That goes beyond negligence into recklessness, and Arizona courts can punish it.
We evaluate all of these factors during a free case review. Every case is different, and the numbers depend on your specific situation.
Our attorneys have taken on property owners, insurance companies, and corporate defendants in premises liability cases across the state. Some of the results we've secured for our clients:
$21.2 million verdict for a client whose fall caused thoracic and lumbar fusion surgery. The property owner's negligence changed this person's life permanently, and the jury recognized that.
$7.2 million verdict from a retail store slip and fall. Our client needed a spinal cord stimulator implanted to manage the pain from the injury.
$1.05 million verdict where the defense tried to blame our client's brittle bone disease for the severity of the injuries after a wet floor fall. The jury didn't buy it.
$900,000 verdict for a client who slipped on water leaking from an ice machine at a retail store and needed a total knee replacement. The jury found the store 100% liable.
$500,000 settlement when apartment owners tried to blame our client for a fire that caused third-degree burns. We fought back and settled for the full policy limits.
Every case is different. Past results do not guarantee a similar outcome.
The property owner's insurance company has lawyers. They have investigators. They have adjusters whose entire job is to pay you as little as possible. Walking into that fight alone puts you at a disadvantage from day one.
Here's what changes when you have a premises liability attorney on your side:
We get to the scene fast. Hazards get repaired, floors get cleaned, broken steps get fixed. Sometimes within hours of an injury. Our team documents everything before the property owner can make the evidence disappear.
We lock down surveillance footage and maintenance records. A preservation letter from an attorney carries legal weight. A phone call from an injured person doesn't. We send those letters immediately.
We handle the insurance company so you don't have to. Adjusters ask leading questions, request unnecessary medical authorizations, and make lowball offers hoping you'll take the money out of frustration. We know every tactic because we deal with them daily.
We calculate the full picture. Not just today's medical bills, but future surgeries, lost earning years, and how chronic pain affects your quality of life. Most people leave money on the table because they don't account for long-term costs.
And we go to trial when it matters. Our attorneys won a $616,140 verdict for an elderly client who tripped over an end cap display at a retail store. The defense blamed age-related degeneration. The jury saw through it. Not every firm has the appetite for trial in premises cases. We do. That includes sexual assault civil claims in Phoenix where property owners failed to provide adequate security.
Free case consultations from our Phoenix personal injury practice. No fee unless we recover money for you. Call The Simon Law Group at (602) 905-7766.
Our attorneys have handled personal injury cases across Arizona and California. We know how Phoenix insurance companies operate, and we know how to push back.
That number reflects real results for real families — medical bills paid, lost wages recovered, and futures protected.
You pay nothing upfront. Our fee comes out of your settlement or verdict. If we do not win your case, you owe us nothing.
Accidents do not follow business hours. Neither do we. Call (602) 905-7766 any time — nights, weekends, and holidays.
Our Phoenix team works out of 2700 N Central Ave, Suite 320. We know the roads, the courts, and the insurance adjusters you are up against.
“After a crash, you need a team that answers the phone, explains your options, and fights for every dollar you are owed. That is what we do at The Simon Law Group.”
Over 250 years of combined attorney experience
Phoenix office at 2700 N Central Ave, Suite 320 |
Licensed in Arizona and California
Phoenix hotels and resorts owe guests a high duty of care. Pool deck falls, elevator malfunctions, scalding water burns, negligent security, and bed bug infestations all create valid injury claims. We hold hotel chains, management companies, and property owners accountable when they cut corners on guest safety. Learn more about hotel injury claims.
Slip and falls on greasy floors, food poisoning from improper storage, burn injuries from sizzling plates, and collapsing furniture are common restaurant hazards across Phoenix. We pursue restaurant owners, landlords, and franchise operators when their negligence hurts diners. Learn more about restaurant injury claims.
Wet floors during monsoon season, falling merchandise from overstocked shelves, broken shopping carts, and poorly lit parking lots injure Phoenix shoppers every week. We take on big-box stores, strip mall landlords, and national chains that ignore known hazards. Learn more about retail store injury claims.
Absolutely. Arizona uses pure comparative fault. Your damages get reduced by your percentage of responsibility, but they don't go away. Found 30% at fault on a $100,000 case? You still collect $70,000. The insurance company will try to inflate your share. That's exactly why you need a lawyer pushing back on their numbers.
Two years from the injury date. That's the standard statute of limitations under A.R.S. 12-542. But government property is a different story. Injuries at city parks, public schools, or government buildings require a notice of claim within 180 days. Miss that window and you're locked out, no matter how strong the case.
Doesn't matter as much as they think it does. Arizona law says property owners are liable if they knew or should have known about a dangerous condition. "Should have known" means if a reasonable inspection would have caught the problem, ignorance isn't a defense. A grocery store that never checks its aisles for spills can't claim surprise when someone goes down.
Yes. Landlords carry liability for common areas. Stairwells, parking lots, pool decks, hallways, laundry rooms. If your landlord was aware of a hazard or would have found it through basic upkeep, they're responsible. We see this constantly in Phoenix apartment complexes.
You're going up against a property owner's insurance company. They have legal teams, investigators, and claims adjusters working against you. A premises liability attorney levels that playing field. We handle evidence collection, insurance negotiations, and courtroom litigation if it comes to that. Property owners and their insurers have representation. You should too.
Broken bones, traumatic brain injuries, spinal cord damage, burns, drowning injuries, and dog bites are the most common. But really, any physical injury caused by an unsafe property condition qualifies. Soft tissue injuries, concussions, lacerations. If a property owner's negligence caused it, you have a claim.
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