Slipping on a wet floor doesn't automatically mean someone owes you money. To win a premises liability claim in Arizona, you have to prove the property owner was negligent — not just that you fell.
The duty property owners owe you
Arizona law requires property owners and businesses to keep their premises reasonably safe for people who are lawfully there. That means inspecting for hazards, fixing dangerous conditions within a reasonable time, and warning visitors about dangers that can't be fixed right away — a "wet floor" sign after mopping, for example. The standard isn't perfection; it's what a reasonably careful owner would do.
The four elements you have to prove
A successful slip-and-fall claim rests on four things: the owner owed you a duty of care (you were lawfully on the property); a dangerous condition existed; the owner knew or should have known about it and failed to fix or warn of it; and that failure directly caused your injury. All four have to be there — proving three of them isn't enough.
The hard part: actual vs. constructive notice
The "knew or should have known" element is where most cases are won or lost. Actual notice means the owner knew — an employee saw the spill, a customer reported it. Constructive notice means the hazard existed long enough that a reasonable owner should have found it. The longer a spill sat untouched, the stronger the constructive notice argument. Proving it requires evidence: surveillance footage showing when the hazard appeared, inspection logs, and witness accounts. That evidence disappears fast — security footage is often overwritten in 24 to 72 hours — which is why early action matters.
Comparative fault in slip-and-fall cases
Arizona's pure comparative negligence rule (A.R.S. § 12-2505) means that even if you were partly responsible — you were looking at your phone, you ignored a warning sign — you can still recover. Your award is reduced by your percentage of fault, but there's no cutoff. Insurers routinely inflate the claimant's fault share to reduce payouts; countering that argument requires evidence of what the owner knew and when. See our post on Arizona comparative negligence law.
What a claim can recover
Slip-and-fall injuries range from sprains and broken wrists to hip fractures and head injuries. Arizona law allows recovery for medical expenses past and future, lost wages, reduced earning capacity, pain and suffering, and permanent disability or disfigurement. The severity of the hazard and the owner's conduct — whether they ignored multiple reports, for example — can also affect the strength of the claim.
After a fall
Report the incident to the property owner or manager the same day and get a copy of any incident report. Photograph the hazard and your injuries immediately. Get medical attention even if you feel okay — soft-tissue injuries aren't always apparent right away. Don't sign anything from the owner's insurer before speaking with an attorney.
Our slip-and-fall attorneys handle premises liability cases throughout Phoenix and Scottsdale on a contingency fee basis. No fee unless we win. Call (480) 418-SHER (7437) or reach out online.