You expect a routine trip to a Phoenix shopping center—not a twisted ankle from a pothole or a fall in a poorly lit parking lot. Arizona law gives you rights when dangerous property conditions cause harm, and the choices you make in the first few days can make or break your case.
Who could be liable?
Businesses and commercial property owners owe a duty to shoppers (invitees) to maintain the premises in a safe condition. The Arizona Supreme Court has long recognized this duty for invitees: well-maintained surfaces, periodic inspections, and warnings of hazards.
In most cases, several entities share some fault: the shopping center’s owner, the property manager, a maintenance contractor, or a lighting vendor. Arizona is a pure comparative negligence state, so your recovery is reduced by your percentage of fault, not barred, unless you were intentionally or willfully misconducting yourself.
Why is insufficient lighting dangerous?
Phoenix also has outdoor lighting requirements, including parking-lot lighting, in its city code. Poorly lit areas can make potholes hard to see, and people are at higher risk of being injured after dark. Substandard or nonexistent lighting is also pertinent to liability and repair if the situation demands so.
Why are potholes dangerous?
City guidelines require dust-free, paved parking surfaces (asphalt or concrete) with good striping—conditions incompatible with degraded, unrepaired potholes. A damaged parking lot for a long time can be a sign of inadequate maintenance or inspection.
Evidence that moves a claim forward
Strong cases are built, not assumed. Gather evidence early:
- Scene photos/video showing the defect’s size, depth, and illumination (day and night).
- Measurement (ruler or coin for scale) and time-stamped photographs.
- Incident reports to store security or management, plus names of witnesses.
- Maintenance records (work orders, inspection logs, lighting repair tickets) were obtained later by request or lawsuit.
- Medical records linking your injury to the fall and documenting symptoms.
- Shoe preservation, in the event that traction becomes an issue.
If you don’t know where to start, a premises liability attorney in Phoenix, AZ, can help you pursue preservation of surveillance video footage before it’s overwritten.
Why are these hazards serious?
Falls send nearly 3 million people to emergency rooms every year, especially seniors; national public-health data underscores how crippling such injuries can be. That aligns with what we see on poorly lit parking lots and rough ground.
Schedules and defenses to expect
Arizona’s two-year general statute of limitations for personal injury starts from the time of injury. Miss it, and courts can bar the claim.
Defendants routinely argue a hazard was “open and obvious.” In Arizona, that argument typically goes to fault allocation, not to the existence of duty; the basic duty to invitees remains.
How a local law firm can help
Insurance companies scrutinize details—notice of the defect, how long it existed, whether lighting met city code, and your own carefulness. The leading Phoenix premises liability lawyer, Geoff Trachtenberg at Better Call Geoff, can investigate the property where the accident happened, obtain logs and contracts, and shape your evidence for negotiation or trial. Get in touch with the team!