Parking lot slip and fall claims involve two potential defendants: the driver of any vehicle that contributed to the hazard, and the property owner responsible for maintaining the lot. Both can be liable, and identifying who had what duty is the first step.
Property owner liability
Arizona premises liability law requires property owners to maintain reasonably safe conditions in their parking lots. Cracked asphalt that creates a trip hazard, standing water or drainage problems after monsoon rains, poor lighting that prevents people from seeing hazards, and deteriorated pavement markings that misguide pedestrians are all conditions that can establish liability when they cause a fall. The owner must have actual or constructive notice — they knew about the condition, or it existed long enough that reasonable inspection would have found it.
Arizona's heat cycles cause asphalt to crack and heave faster than in most states, and monsoon season deposits water and debris unpredictably. Property managers who defer maintenance face a recurring pattern of liability as a result.
Comparative 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. Walking while distracted, wearing inappropriate footwear, or ignoring obvious hazards can all affect your fault percentage. Insurance adjusters will raise every one of these arguments. See our post on Arizona comparative negligence law.
After a fall in a parking lot
Photograph the hazard, the surrounding area, any warning signs or their absence, and your injuries before you leave. Report the incident to property management and ask for a written record. Note the location of any surveillance cameras — that footage typically gets overwritten in 24 to 72 hours. Seek medical care even if you feel okay; soft-tissue injuries often don't present symptoms immediately. Don't give a recorded statement to any 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 parking lot claims throughout Phoenix and Scottsdale on a contingency fee basis. No fee unless we win. Call (480) 418-SHER (7437) or reach out online.