Scottsdale's retail centers, resorts, restaurants, and residential properties create a consistent source of premises liability claims. When a property owner fails to maintain reasonably safe conditions and someone falls, Arizona law provides a path to recovery for the injured person — whether the fall happened on Old Town's flagstone streets, a Kierland parking deck, or a resort pool deck.
What you have to prove
To hold a property owner liable, you need to establish they owed you a duty of care (straightforward if you were a customer or invited guest), breached it by failing to fix or warn of a known or discoverable hazard, that breach caused your fall and injuries, and you suffered actual damages. The type of visitor you were affects the level of duty owed — customers and invited guests get the highest standard. Evidence tying the owner's knowledge of the hazard to the fall is the critical piece: maintenance records, prior complaints, surveillance footage, and witness statements all go to notice.
Comparative fault
Arizona's pure comparative fault rule (A.R.S. § 12-2505) means your damages are reduced by your percentage of fault — but you can still recover even if you shared some responsibility. Property owner insurers routinely argue the hazard was obvious, or that you were distracted. See our post on Arizona comparative negligence law.
After a fall in Scottsdale
Report it to property management and request a written incident report. Photograph the hazard, the scene, and your injuries immediately. Get medical care that same day. Note the location of any surveillance cameras in the area — footage is often overwritten within 24 to 72 hours. Don't give a recorded statement to the property owner's insurer 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 premises liability claims throughout Scottsdale on a contingency fee basis. No fee unless we win. Call (480) 418-SHER (7437) or reach out online.