Big-box retailers like Walmart and Target have experienced claims teams and legal departments whose job is to minimize what they pay on injury claims. That doesn't mean you can't win — it means you need to understand what they'll do and take the right steps early.
What Arizona law requires of these retailers
As businesses open to the public, Walmart, Target, and similar retailers owe customers a duty of reasonable care as invitees — the highest standard under Arizona premises liability law. They must not only fix known hazards but actively inspect for conditions that could injure customers. A spill, broken floor tile, or wet entry mat that existed long enough for a reasonable inspection to have found it establishes constructive notice — the legal standard that says they should have known.
Evidence is time-sensitive
Both Walmart and Target maintain surveillance footage — but it gets overwritten, typically within 24 to 72 hours. Store incident reports, maintenance logs, and prior complaint records can establish how long a hazard existed and whether management was aware of it. An attorney can send preservation letters on day one to ensure this evidence is retained rather than destroyed.
What the retailers will argue
Their adjusters typically argue the hazard was open and obvious, dispute causation, or attempt to assign you a significant portion of fault. Arizona's pure comparative fault rule (A.R.S. § 12-2505) means your recovery is reduced by your percentage of fault — but you can still recover even if you were partly responsible. Don't accept a fault assignment from the retailer's insurer without scrutiny. See our post on Arizona comparative negligence law.
After a fall at a big-box retailer
Report it to store management and request a written incident report. Photograph the hazard, any warning signs or their absence, and your injuries before leaving. Get medical care that same day. Preserve the shoes and clothing you were wearing. Don't give a recorded statement to the store's claims team before speaking with an attorney.
The filing deadline
Arizona gives most personal injury victims two years from the date of injury (A.R.S. § 12-542). See our post on the Arizona personal injury statute of limitations.
Our slip and fall attorneys handle retail claims throughout Phoenix and Scottsdale on a contingency fee basis. No fee unless we win. Call (480) 418-SHER (7437) or reach out online.