FOX 10 Phoenix reported in a morning news brief that audio was released in connection with a Learjet crash and that a man fell into a sinkhole in Phoenix. The broadcast summary available to us does not identify anyone involved, state the condition of the man who fell, or describe the location or cause of the sinkhole. No conclusions about fault should be drawn from a short news item, and none are drawn here. What the report does raise is a question that comes up often in Arizona: what happens legally when a person is hurt by the ground itself giving way.
When someone is injured by a hazard in an Arizona roadway, sidewalk, or public right of way, the claim usually turns on who controlled and maintained that ground and whether they knew or should have known the hazard existed. If the responsible party is a city, county, or state entity, A.R.S. § 12-821.01 requires a written notice of claim served on the correct public official within 180 days of when the claim accrues, and that notice must state a specific sum that will settle the claim. Missing that deadline bars the claim no matter how serious the injury. A shorter filing period also applies to lawsuits against public entities than the two-year period in A.R.S. § 12-542 that governs most injury cases. Private utilities, contractors, and property owners can also be responsible, and more than one of them often is; identifying the right defendants early is what preserves the case.
The 180-Day Notice of Claim Is the Deadline That Catches People
Most people have heard of the two-year personal injury deadline in A.R.S. § 12-542. Far fewer know that a claim involving a public entity has a separate, much earlier requirement. Under A.R.S. § 12-821.01, you must deliver a notice of claim within 180 days of the date the cause of action accrues. The notice has to go to the person authorized to accept service for that specific entity, and it must include the facts supporting the claim and a specific settlement figure with the facts supporting that amount. A general demand letter does not satisfy the statute. Courts have dismissed otherwise strong cases over a defective or late notice.
Two practical consequences follow. First, 180 days passes quickly when someone is still in treatment. Second, if you are not certain which entity controlled the site, you may need to serve notice on more than one. A city, a county, a utility district, and a private contractor can all have a hand in the same stretch of ground.
Document the Scene Before It Is Repaired
A collapsed roadway or sidewalk is usually filled, patched, or fenced within days. Once that happens, the single best piece of evidence is gone. If you or a family member can do it safely, or if someone can do it for you:
- Photograph and video the opening from several angles, with something in frame for scale.
- Photograph the surrounding area, including any barricades, cones, signage, or the absence of them.
- Note the exact location, including the nearest cross streets and any visible utility markings or recent patch work.
- Get names and phone numbers of anyone who saw it happen or who had complained about the spot before.
- Keep the shoes and clothing worn at the time, unwashed.
- Save every medical record, bill, and discharge instruction, and follow through on treatment.
Prior notice matters enormously in these cases. Service requests, complaint logs, inspection records, and repair histories are often obtainable from a public entity, but you have to ask for them before they age out of a retention schedule.
Comparative Fault Does Not End Your Claim
An insurer or a government risk office may argue that the injured person should have been watching where they were walking or driving. Arizona applies pure comparative fault under A.R.S. § 12-2505. That means a percentage of fault assigned to you reduces your recovery by that percentage; it does not eliminate it. Someone found 30 percent at fault can still recover 70 percent of proven damages. Recoverable damages typically include medical expenses already incurred and reasonably expected in the future, lost income and lost earning capacity, and pain, disfigurement, and loss of enjoyment of life. If a person dies from such injuries, A.R.S. § 12-611 through A.R.S. § 12-613 govern who may bring a wrongful death action and what that action covers, and A.R.S. § 14-3110 addresses claims that survive on behalf of the estate.
Do not give a recorded statement or sign a medical authorization before you understand what is being asked and why. You are not required to do either on the schedule an adjuster sets.
If you or a family member was hurt by a roadway hazard, a collapse, or a crash in the city, our Phoenix car accident and roadway injury attorneys can explain which deadlines apply to your situation.