Understanding Your Rights After a Fall or Injury on Someone Else’s Property
When you’re injured because of an unsafe condition on someone else’s property, knowing who is responsible, what your rights are, and what you should do next can make all the difference.
At Gallagher & Kennedy, our Phoenix premises liability lawyers help clients who suffered injuries, from shopping-mall slip-and-falls to apartment complex staircase falls, pursue full compensation and hold negligent parties to account.
What Is Premises Liability?
Premises liability is a legal term that holds property owners, occupiers, or managers accountable for injuries that occur because of unsafe or poorly maintained conditions on their property. Whether the incident happens at a business, a rental unit, or a private home, property owners in Arizona have a duty to take reasonable steps to keep visitors safe.
That said, how the duty is applied, and who can be held liable, can differ significantly depending on whether the property is commercial or residential.
Key Differences: Commercial vs. Residential Premises Liability
Commercial Properties
This category covers businesses, retail stores, office buildings, restaurants, hotels, and other publicly accessible facilities. Because these spaces invite public traffic, owners and managers carry higher standards of care and often face more scrutiny when an injury occurs.
Why commercial claims may differ:
- Higher volumes of visitors and stricter safety expectations
- Multiple responsible parties (owners, tenants, maintenance contractors)
- Larger insurance policies and complex corporate liability layers
- Maintenance logs, inspection reports, and surveillance footage often crucial in proving negligence
Residential Properties
Residential settings include homes, condos, and apartment complexes. While property owners still owe visitors a duty of care, courts apply standards differently depending on who the injured person is (tenant, guest, or trespasser) and whether the hazard was obvious or hidden.
Why residential claims may differ:
- Fewer commercial-grade safety protocols in place
- Liability may depend on whether the hazard was known or should have been known
- Hazards may include broken stairs, cracked walkways, or poor lighting in shared areas
- Insurance coverage can be smaller or disputed between landlords and tenants
Common Hazards & Injury Locations
Whether commercial or residential, hazards that lead to premises liability claims are often the same. Our Phoenix attorneys commonly handle cases involving:
- Slippery floors in grocery stores and restaurants
- Broken railings or uneven steps in apartment complexes
- Cracked sidewalks, potholes, and unlit parking lots
- Cluttered hallways and unsafe stairwells in hotels
- Wet pool decks or loose tiles in hospitality spaces
Who Can Be Held Liable?
Determining liability depends on who controlled the property, who maintained it, and whether they knew—or should have known—about the danger.
Possible responsible parties include:
- Property owners or landlords
- Commercial tenants and operators
- Maintenance companies or cleaning contractors
- Management companies overseeing apartment complexes
- Government entities responsible for sidewalks or public walkways
Our Phoenix premises liability lawyers investigate every aspect of ownership, maintenance, and insurance coverage to determine who is legally responsible for your injuries.
Why Choosing the Right Lawyer Matters
Premises liability cases can be complex. What appears to be a “simple” fall might involve multiple parties, hidden defects, or ignored maintenance records.
At Gallagher & Kennedy:
- We have decades of experience in serious injury and premises liability claims.
- We have the financial and investigative resources to take on corporate property owners and insurers.
- We prepare each case for trial to ensure maximum leverage in settlement negotiations.
- We handle every step so you can focus on recovery — Request a Free Case Evaluation today.
What You Should Do After an Injury on Someone Else’s Property
Taking immediate action protects your health and your right to compensation.
- Seek medical attention right away, even if injuries seem minor.
- Report the incident to the property owner or manager and request a written report.
- Take photos of the hazard, lighting, signage, and your injuries.
- Preserve evidence, including footwear and damaged clothing.
- Keep records of medical visits, lost wages, and related expenses.
- Avoid social media posts about your accident or recovery.
- Speak with a lawyer promptly before giving statements to insurance adjusters.
Safety Tips: How to Prevent Slip and Fall Accidents on Any Property
Even though property owners are legally responsible for keeping their premises safe, a few simple precautions can help protect you and your family from serious injury. Staying alert and mindful in everyday environments is one of the easiest ways to avoid common hazards.
1. Stay aware of your surroundings.
When walking through stores, office buildings, or apartment complexes, scan for warning signs, spills, cluttered walkways, or uneven flooring that could cause a fall.
2. Choose footwear with good traction.
Nonslip shoes provide better stability on wet or polished surfaces. Avoid high heels or smooth-bottom soles when visiting busy or high-traffic locations.
3. Use handrails and designated walkways.
Always hold onto railings and follow marked paths rather than cutting through dark or unmaintained areas. These habits reduce the chance of tripping or losing balance.
4. Minimize distractions.
Avoid texting, scrolling, or multitasking while walking. Keep your eyes ahead so you can spot hazards before they cause harm.
5. Be careful in unfamiliar areas.
Move cautiously in new places—like hotels, stores, or rental properties—where flooring changes, poor lighting, or unmarked steps can easily catch you off guard.
6. Report unsafe conditions.
If you notice a spill, loose tile, missing handrail, or any dangerous condition, notify staff or management right away to prevent additional injuries.
7. Know your rights.
Even with caution, accidents still happen. If you’re hurt due to a property owner’s negligence, contact our Phoenix premises liability lawyers to learn about your options for compensation.
Statute of Limitations & Arizona Law
In Arizona, you generally have two years from the date of injury to file a premises liability lawsuit (A.R.S. § 12-542). Claims involving government entities have shorter deadlines and notice requirements.
Arizona’s pure comparative fault rule allows you to recover compensation even if you share partial responsibility for the accident, although your damages may be reduced by your percentage of fault.
Protecting Victims and Promoting Safer Properties
Whether your injury occurred in a grocery store, an apartment complex, or a public walkway, you deserve fair compensation and accountability from negligent property owners.
Our attorneys at Gallagher & Kennedy handle the investigation, evidence collection, and negotiations so you can focus on healing. Don’t wait—crucial evidence can disappear quickly after a fall.
Phoenix, AZ 85016