Sidewalk trip-and-fall cases hinge on one question before anything else: who owns and maintains the section of sidewalk where the fall happened? The answer determines who you can sue and what legal standard applies.
Who's responsible for sidewalks in Arizona
In most Phoenix-area municipalities, adjacent property owners — not the city — bear the maintenance obligation for the sidewalk bordering their property. Phoenix City Code and similar ordinances in Scottsdale, Tempe, Mesa, and other cities shift this duty to the abutting landowner. A commercial property or homeowner who ignores cracked pavement, raised slabs, or root damage can be held liable when those conditions cause a fall.
Government liability is possible when the city owns and maintained the stretch of sidewalk, or when a city design decision created the hazardous condition. Claims against government entities in Arizona require a Notice of Claim within 180 days under A.R.S. § 12-821.01 — much shorter than the standard personal injury deadline. Missing that window closes the claim against the government permanently.
What you have to prove
Whether the defendant is a private property owner or a government entity, you need to establish they had actual or constructive notice of the hazard and failed to fix it within a reasonable time. A raised slab that has existed for years is different from one that just cracked. Photographs of the condition showing weathering, weed growth, or staining can help establish how long it existed. Prior complaints to the property owner or municipality are especially valuable evidence.
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. Defendants will argue the hazard was open and obvious or that you were not paying attention. See our post on Arizona comparative negligence law.
The filing deadline
Two years from the date of injury for private property claims (A.R.S. § 12-542). One hundred eighty days for government entities (A.R.S. § 12-821.01). See our post on the Arizona personal injury statute of limitations.
Our slip and fall attorneys handle sidewalk trip-and-fall claims throughout Phoenix and Scottsdale on a contingency fee basis. No fee unless we win. Call (480) 418-SHER (7437) or reach out online.