Who Is Responsible for Injuries on Private vs. Public Property?
If you are seeking compensation for an injury like a slip-and-fall accident, you will need to find out who is legally responsible for the property where you were injured. This is called “premises liability.”
It is the legal responsibility of property owners, both private and public, to maintain their spaces to reduce the risk of injuries occurring on their property. They have a “duty of care” to those they invite onto their property, and so they can be held responsible for injuries.
Understanding who is responsible for the property is important, because it can dictate the timeline you have to file for a personal injury suit. If the property owner is a private entity (a business or citizen), you have two years to file. However, if the injury happened on public property, you only have 180 days!
Arizona Law Is Specific About Duty of Care
While there is a legal obligation for property owners, both public and private, to maintain a safe environment, it does not mean they are automatically responsible for ALL injuries sustained on their property.
Arizona has specific definitions for the duty of care in different situations. For instance, the property owner has a higher duty of care to an invited guest or customer than to someone who is trespassing.
Invitees
An invitee is a person who enters the premises for the mutual benefit of both parties. For businesses, this can look like the customers or vendors at a storefront. For the government buildings, it would be those looking to utilize the services offered, like library patrons. For private residences, this could be the guests at a party.
Property owners are expected to address hazards promptly and to warn invitees of the potential danger. (For example, setting up a “wet floor” sign while cleaning a spill at a grocery store.)
Licensees
A licensee is someone who has permission to occupy the property, such as a renter for a home or a business leasing commercial space.
Property owners must repair any hazards, but they are not responsible for checking on the condition of the property. This means that if a licensee does not inform the property owner of a potential danger, and there is an accidental injury, the licensee can be held liable.
Trespassers
Property owners do not have a duty of care to trespassers aside from avoiding willful harm. This means a property owner cannot set hazards meant to cause bodily injury.
A Personal Injury Lawyer Can Help You Get the Compensation You Deserve
Because of the complicated nature of personal injury law, it is important to consult a lawyer who specializes in these types of cases.
The Van Norman Law Firm has been helping people in Scottsdale get compensation for their injuries for over 25 years. Our firm offers the best in personal injury case management. From helping you navigate the complicated court system to preparing your evidence, we are here to help.
Don’t wait until it’s too late! Contact us today for a consultation on your case.
Images used under creative commons license – commercial use (10/15/25). Photo by T.H. Chia on Unsplash.