Common premises cases
- Slip and falls on spills, wet floors, ice or freshly cleaned surfaces in stores, restaurants and hotels
- Trip and falls on uneven sidewalks, torn carpeting, cords, debris and broken pavement
- Stair and railing failures
- Inadequate lighting in parking structures, stairwells and walkways
- Negligent security where foreseeable criminal conduct was not reasonably guarded against
- Swimming pool injuries
- Falling merchandise and unsafe displays
The legal standard in each state
California
Everyone is responsible for injuries caused by a failure to use ordinary care in managing their property. Cal. Civ. Code § 1714(a) California does not decide the duty mainly by whether the injured person was a customer, guest or trespasser. Instead, courts weigh foreseeability and other factors. Rowland v. Christian (1968) 69 Cal.2d 108 Generally, the owner must have known, or should have known through reasonable inspection, about the danger in time to fix it or warn.
Public property: a public entity can be liable for a dangerous condition of its property in limited circumstances, including when it had notice and time to correct the condition. Cal. Gov. Code § 835 A government claim is generally due within six months. Cal. Gov. Code § 911.2
Arizona
Arizona still considers the injured person's status. Business invitees, such as customers, are owed reasonable care to keep the premises safe, which generally requires proof that the owner created the hazard or knew or should have known about it. Arizona also recognizes the "mode of operation" rule: where a business's chosen method of operation makes a hazard reasonably foreseeable, the injured customer may not need to prove notice of the specific hazard. Chiara v. Fry's Food Stores of Ariz., Inc. (1987) 152 Ariz. 398
Public property: a notice of claim must be filed within 180 days. A.R.S. § 12-821.01
Evidence to preserve, right away
- Photograph the exact hazard before it is cleaned or repaired, including what caused the fall, the lighting and any warning signs (or the lack of them).
- Report the incident to the manager and ask for a copy of the incident report.
- Get the names and phone numbers of witnesses and employees.
- Keep your shoes and clothing as they were.
- Ask in writing that the property owner preserve surveillance video. Many systems overwrite footage within days.
- Get medical care promptly and describe how the injury happened.
Injuries
Hip, wrist, ankle and shoulder fractures, knee injuries, back and neck injuries, and head injuries. Older adults are especially vulnerable to injuries from falls.
How property owners and insurers defend these cases
"The danger was open and obvious." "We had no notice." "We inspect every hour." "The customer wasn't watching where they were going." Video, inspection and sweep logs, maintenance records and prior complaints often decide these cases, which is why early preservation matters.
Premises liability FAQ
The store says I should have seen the spill. Does that end my case?
No. Both states use comparative fault. Even if you could have been more careful, your recovery is reduced, not barred, if the owner was also negligent.
I fell on a city sidewalk. Who is responsible?
Responsibility for sidewalks can fall on the city, the adjacent property owner or both, depending on local law and the facts. Government claim deadlines are short, so act quickly.
How do I prove the owner knew about the hazard?
Through video, employee testimony, inspection logs, prior complaints, how long the hazard existed, and, in Arizona, the business's mode of operation.
This page explains general rules of California and Arizona law. It is not legal advice, laws change, and every case depends on its own facts. Reading it or contacting the firm does not create an attorney-client relationship.
