Phoenix Premises Liability Lawyers
When you enter someone’s property, whether a restaurant, retail business, or apartment complex, you expect safe conditions. Unfortunately, property owners and managers don’t always meet this standard, so patrons may end up with injuries.
If you or a loved one was injured due to a dangerous condition on another person’s property, you could seek compensation for your losses. A Phoenix premises liability lawyer with Gallagher & Kennedy can review your case and advise of your legal options.
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Phoenix premises liability guide
How Our Phoenix Premises Liability Lawyers Can Assist With Your Claim?
When you work with the team at Gallagher & Kennedy, you have more than two centuries of combined legal experience on your side. Our premises liability attorneys and staff members operate smoothly to help ensure a seamless legal process.
Representation on Contingency
Gallagher & Kennedy’s legal team offers free consultations, so you can understand your options and make an educated decision about your premises liability claim. If we decide to work with you, we can handle your case on contingency. With a contingency fee, you pay nothing up front for our legal services. Instead, we retain a percentage of your premises liability settlement when your case is complete.
Building a Strong Case
Once we decide to take your case, our team immediately begins compiling documentation and securing evidence. We evaluate the claim to determine fault and send demand letters for the full value of your losses. Our team does not hesitate to pursue all the responsible parties, no matter how large or aggressive they seem.
Advocating for Your Legal Rights
If we work on your case, we handle all calls and correspondence with the responsible parties and their insurance company, so you can rest and focus on your recovery. Our goal is to negotiate the maximum settlement on your behalf. If negotiations fail, we are prepared to take your case to trial if it means a better financial recovery for you.
Meeting Critical Deadlines
Per state law, you usually have a two-year deadline to file a personal injury lawsuit. During that time, your attorney will need to gather evidence and file your claim with the insurance company.
You can help strengthen your claim by contacting our firm as soon as possible after your injury. The premises liability attorneys at Gallagher & Kennedy know that time is of the essence in these cases. We can keep your lawsuit on track and make sure you meet all the legal deadlines.
What It’s Like Working With Our Phoenix Premises Liability Attorneys?
At Gallagher & Kennedy, we pride ourselves on providing quality representation to clients throughout Phoenix. Our client testimonials and case results demonstrate our commitment to injury victims, with over a million dollars recovered on behalf of one of our premises liability clients.
For the past four decades, our firm has successfully pursued justice and fair compensation for personal injury victims in Phoenix and across the U.S. We have a reputation for aggressive advocacy and do not hesitate to take high-profile cases against major entities. No matter how complicated your premises liability claim is, our attorneys have the knowledge and resources to seek the compensation you deserve.
Locations & Hazard Conditions for Premises Liability in Phoenix
Phoenix’s unique environment and property mix create specific hazard zones where premises liability risks are elevated. Understanding these areas can help you recognize when a property owner’s negligence may have played a role.
High-Traffic Retail & Shopping Centres
Retail hubs along major corridors—such as the Loop 101, I-17 / Indian School Road, and Tempe Marketplace—see large volumes of foot traffic. Common hazards include poorly maintained flooring, liquid spills in aisles, cracked tile in outdoor walkways, and insufficient lighting in parking garages. These conditions can lead to serious falls and trip injuries.
Apartment Complexes & Short-Term Rentals
With Phoenix’s growing rental market, multi-unit complexes often have balconies, stairwells, and swimming pools. Negligent maintenance—such as missing handrails, broken balcony supports, or unattended pool filtration issues—frequently leads to premises liability claims.
Parking Structures & Garages
Phoenix’s downtown, airport, and hospital zones use multi-level garages and surface lots. Hazards like oil slicks, faded markings, excessive slope near ramps, and inadequate lighting are common and may create a property owner’s liability when injuries occur.
Hospitality, Hotel Pools, and Resort Properties
In hospitality settings—especially outdoor pools, patios, and water features—property owners must ensure compliance with safety codes. Common claims include unmarked slip-zones, lack of lifeguards, failed depth markers, unstable decking surfaces, and overheated walkways.
Construction Sites & Renovated Properties
Phoenix is growing rapidly—construction zones and older properties under renovation can pose risks like unsecured scaffolding, falling debris, exposed wiring, or untreated building materials. When workers are present or the public is near these areas, the property owner, contractor, or subcontractor can be held liable.
By identifying the property type and hazard condition involved in your case, your attorney can target which parties may have failed in their duty of care. Early documentation—photos of the hazard, maintenance logs, incident reports—can make the difference in a strong premises liability claim.
Types of Premises Liability Claims We Handle in Phoenix
When you suffer an injury on someone else’s property, you benefit from partnering with an attorney who handles premises liability claims. The legal team at Gallagher & Kennedy understands the difficulties you face after an unexpected injury, and we can fight for your right to compensation.
Our team brings more than 210 years of collective experience defending the legal rights of injury victims in a wide variety of injury cases.
Premises liability cases we handle include:
- Slips or trips and falls
- Falls from a height
- Construction accidents
- Elevator and escalator accidents
- Aircraft and commercial airline accidents
- Dog bites
- Inadequate security
- Pool accidents
Insurance companies can be stubborn when it comes to negotiating a settlement for premises liability. Rather than facing them alone, our attorneys can help you navigate the negotiation process and file a personal injury lawsuit, so you can pursue a fair financial recovery.
Where Phoenix Premises Liability Injuries Occur?
Premises liability law encompasses claims for injuries occurring on another’s property.
A premises liability claim may include injuries sustained in:
- Retail establishments
- Restaurants and cafes
- Residential apartment and condo buildings
- Office buildings
- Parking lots, driveways, and garages
- Outdoor and indoor walkways
- Stairs, elevators, and escalators
- Construction sites
- Swimming pools, fountains, and water features
- Sports and recreation facilities
In short, any business or facility with hazardous conditions can be held liable for injuries caused by those conditions.
How We Establish Fault in a Premises Liability Claim in Phoenix?
Determining fault in a premises liability case helps you hold the right parties responsible.
Responsible entities in premises liability may include:
- The property owner
- The landlord
- The property management company
- A business owner
- A tenant
- A contractor
- A subcontractor
Since fault is usually based on negligence, we must prove that:
- The responsible party had a duty to maintain a safe, secure premises.
- The at-fault party failed in their duty to ensure the safety of people on their property.
- You were injured because the responsible party failed in their duty of care.
- You suffered tangible and intangible losses because of that injury.
To establish negligence, our Phoenix premises liability attorney can gather evidence, including photos, witness statements, police reports, repair and maintenance documents, complaints, and medical records. We leverage this evidence to show the at-fault party was aware of the existing hazard and failed to fix the problem or warn people of potential dangers.
Recreational and Educational Facilities
Per state law, owners, managers, and other parties responsible for recreational and educational facilities must meet different standards for duty of care.
Recreational and educational users who enter areas like parks, trails, lakes, agricultural fields, or similar facilities accept the risks inherent in their activities. This does not, however, absolve the property owner or manager of their duty to reasonably warn, maintain, improve, or repair known hazards.
Invitees, Licensees, and Trespassers in Phoenix Premises Liability
When determining how to pursue your claim, our attorneys must establish whether you were an invitee, licensee, or trespasser on the property where you were injured. This designation determines the duty of care owed by the owner or other responsible party.
Arizona Legal Standards for Premises Liability
Understanding how Arizona law defines and applies premises liability can help you evaluate whether you have a viable case.
Duty of Care Based on Visitor Status
Arizona property-liability law classifies visitors into three categories: invitees (business customers), licensees (social guests) and trespassers. Each classification carries different duties of care:
- Invitees: Property owners owe the highest duty—such as regularly inspecting the premises and correcting known hazards or warning of hidden dangers.
- Licensees: The duty remains, but the owner is not required to inspect as aggressively. Owners must still warn of hazards they know and exercise reasonable care.
- Trespassers: Property owners owe minimal duty, but may still be liable if they deliberately create dangerous conditions that they know trespassers will encounter.
Breach, Causation and Damages
A valid claim must show:
- The owner or operator owed you a duty of care.
- They breached that duty—for example, failing to repair a torn handrail or warn of a spill.
- The breach caused your injury (causation).
- You suffered measurable damages (medical costs, lost income, pain & suffering).
Statute of Limitations (A.R.S. § 12-542)
Most premises liability claims in Arizona must be filed within two years of the date of the injury or knowledge of the harm. If the claim involves a government-owned property, shorter notice requirements may apply. Missing the deadline typically ends your right to recover compensation.
Comparative Fault Applies
Arizona follows a pure comparative negligence rule: you can still recover damages even if you share some fault—your compensation is simply reduced by your percentage of responsibility. For example, if your damages total $100,000 and you’re found 30% at fault, you may still recover $70,000.
Gross Negligence in Phoenix Premises Liability Claims
When you choose to use a sports facility or other recreational property, you understand the risks inherent in those recreational or sports activities. In some cases, a facility may also ask you to sign a waiver of liability, releasing them from any responsibility if you suffer an injury while using the facility as intended.
The legal protections afforded by Arizona laws and waivers of liability extend to reasonable risks. Although most Phoenix premises liability claims fall under normal liability standards, you could pursue a claim for gross negligence if the responsible party willfully or maliciously created or allowed a dangerous condition to exist.
The standard of proof for gross negligence is very high, so it is beneficial to discuss your options with our premises liability lawyer in Phoenix.
Steps to Take Following a Premises Liability Injury
Acting quickly can protect your rights and strengthen your case. Here’s what you should do if you’ve been hurt on someone else’s property:
Seek Medical Attention Immediately
Your health comes first. Even if the injury seems minor—such as a bump or bruise—insist on a medical evaluation. Some injuries (e.g., internal bleeding, soft-tissue damage) may not show symptoms right away. Medical records also help build your claim.
Document the Scene Before It Changes
Whenever possible, take photographs or video of the hazardous condition: wet floors, broken stairs, uneven pavement, poor lighting, missing handrails, debris. Also document your injury, including visible swelling, bruises or cuts. The property may be fixed or the evidence may disappear quickly.
Obtain Witness Information
If anyone saw your accident, capture their name, phone number or email, and ask for a brief statement about what they saw. Their independent perspective strengthens your claim.
Preserve Any Evidence
Keep the clothing you were wearing, shoes, or any damaged items. Do not dispose of anything until your attorney reviews it. If possible, keep signage, maintenance logs or service tickets relating to the hazard.
Report the Injury to the Property Owner or Manager
Notify the owner, landlord or business manager in writing. Ask for a copy of the incident or accident report. Failure to do so may weaken your claim. Do not sign any liability waiver or settlement agreement without legal review.
Limit Your Social Media Posts
Avoid posting photos or comments about your injury or recovery on public social media. Insurance companies often monitor posts and use them to minimize what they pay out.
Contact a Premises Liability Attorney Before Signing Anything
Insurance companies may quickly offer a “quick settlement” that doesn’t reflect the full value of your injuries. An attorney familiar with Phoenix premises liability law can guide you through what to say—and what not to say—to preserve your rights.
FAQs About Premises Liability in Phoenix
Who can be held responsible in a premises liability case?
Responsibility depends on who controlled or maintained the property at the time of your injury. This can include a business owner, property manager, landlord, homeowner, security contractor, maintenance company, or even a government entity. In some cases—such as in apartment complexes or commercial shopping centers—multiple parties may share responsibility.
What kind of evidence is most important for proving a premises liability claim?
Premises liability cases rely heavily on physical and documented evidence, including photographs of the hazard, surveillance footage, incident reports, witness statements, maintenance logs, cleaning schedules and medical records showing how the injury occurred. Because hazards are often repaired quickly, documenting conditions as early as possible is crucial.
How long do I have to file a premises liability claim in Arizona?
Most claims must be filed within two years of the injury (A.R.S. § 12-542). Claims involving public or government-owned property require much earlier notice, sometimes within 180 days. Missing the deadline typically ends your ability to recover compensation, which is why early evaluation is essential.
Do I still have a case if I was partially at fault for my injury?
Yes. Arizona uses a pure comparative fault system, which allows you to seek compensation even if you were partly responsible. Your compensation is reduced by your percentage of fault. For example, if you were found 25% at fault, you could still recover 75% of your total damages.
What injuries are commonly seen in premises liability cases?
Premises liability cases involve a wide range of injuries, including fractures, concussions, back or spinal injuries, joint damage, torn ligaments, burns, electrocution, drowning, and heat-related injuries (common in Phoenix due to extreme temperatures). Some injuries may appear minor at first but worsen over time, which is why early medical evaluation matters.
What if the hazardous condition was fixed before I could document it?
This is very common. Many businesses repair or remove hazards quickly. An attorney can help locate alternate forms of evidence, such as surveillance footage, employee schedules, maintenance logs, witness accounts or prior complaints about the same hazard. These substitute forms of proof can still establish negligence.
How can a lawyer help with a premises liability claim?
An experienced attorney can determine which parties are responsible, secure time-sensitive evidence, work with investigators or experts, calculate the full value of your damages and handle communication with insurers who may attempt to minimize the claim. Because premises liability cases often involve technical issues—such as building codes, safety standards or corporate policies—professional legal support is often essential for a successful result.
Contact Gallagher & Kennedy for Premises Liability Support
Unsafe property conditions can leave victims facing serious injuries, medical bills, and uncertainty about what comes next. A Phoenix premises liability lawyer at Gallagher & Kennedy can help you understand your rights, determine who is responsible, and pursue the compensation needed to support your recovery.
Our team has decades of experience handling complex premises cases, from slip-and-fall injuries to negligent security and structural failures. We investigate thoroughly, preserve key evidence, and deal directly with insurers so you can focus on healing. Throughout the process, we explain your options clearly and build a strategy that reflects your individual circumstances.
If you were injured because a property owner failed to keep their premises safe, you do not have to handle the legal process alone. We are here to support you, protect your rights, and advocate for fair compensation.
Reach out to Gallagher & Kennedy to discuss your situation and learn how we can help. Your consultation is free, and you owe nothing unless we recover compensation on your behalf.