Slip and Fall Lawyer in Gilbert, AZ
Property owners in Arizona have a duty to keep premises reasonably safe. If their negligence caused your fall, you have a right to compensation.
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Premises Liability in Arizona: What the Law Requires
Property owners — commercial and residential — have a legal duty to maintain reasonably safe conditions for lawful visitors. When they fail and someone is injured, the injured person has a right to compensation. Arizona law holds owners liable when they knew or reasonably should have known about the hazardous condition.
Where Slip and Fall Cases Happen in Gilbert
Gilbert slip and fall cases commonly arise at the San Tan Village mall area (Williams Field Rd and Santan Village Pkwy) — one of the East Valley’s largest retail concentrations, with high foot traffic and parking lot hazards year-round. The SanTan Village retail corridors along Williams Field Rd also generate significant commercial premises claims. Freestone Recreation Center, the Gilbert Regional Park area, and the Heritage District on Gilbert Rd all present premises liability exposure from uneven surfaces, wet floors, and inadequate lighting. Residential rental properties throughout the master-planned communities of Gilbert also generate landlord liability claims when common area maintenance is neglected.
Civil claims file in Maricopa County Superior Court; Gilbert Municipal Court (55 E Civic Center Dr) handles smaller claims. Gilbert PD responds to serious injury incidents on commercial property.
Arizona Law
- ARS 12-542 — 2-year statute of limitations for premises negligence
- ARS 12-2505 — Pure comparative fault; the open-and-obvious doctrine reduces but does not eliminate recovery
Evidence Is Time-Sensitive
Surveillance footage at commercial properties is routinely overwritten within 30 days. Hazards get repaired before documentation happens. We send preservation demand letters to property owners at intake on every premises case.
What You Can Recover
- Emergency and follow-up medical bills
- Physical therapy and rehabilitation
- Lost wages during recovery
- Pain and suffering
- Permanent injury or reduced mobility
Who Pays?
Commercial property owners carry general liability insurance. Residential landlords are covered under their property liability coverage. We identify the correct carrier and make timely claims — late claims can trigger policy coverage disputes.
Our Fee Structure
Contingency fee. No recovery, no fee. No upfront costs.
Related Pages
- Gilbert Car Accident Lawyer
- Gilbert Dog Bite Lawyer
- Gilbert Personal Injury Lawyer
- Arizona Slip and Fall Overview
Frequently Asked Questions
Do I have to prove the property owner knew about the hazard?
Not necessarily. Arizona premises liability law holds owners liable when they knew OR reasonably should have known about the dangerous condition. If the hazard existed long enough that a routine inspection would have found it, the owner is responsible.
What if I was partly at fault for the fall?
Arizona follows pure comparative fault (ARS 12-2505). You can recover even if you were partly at fault. Your award is reduced by your percentage of fault, but you are not barred from recovery. Insurers often raise the open-and-obvious doctrine to inflate your fault percentage — an attorney can counter this.
How long do I have to file a slip and fall claim?
2 years from the date of the fall under ARS 12-542. But surveillance footage at commercial properties is often overwritten within 30 days. Don’t wait.
What should I do immediately after a fall?
Report it to the property manager and get a copy of the incident report. Photograph the hazard before it’s cleaned up or repaired. Collect witness contact information. Seek medical attention. Do not give a recorded statement to the property owner’s insurer without counsel.
Ready to Talk?
Free consultation. No fee unless we win. Speak directly with Josh Wood.