How Property Owners Try to Avoid Slip and Fall Liability in Phoenix

Slip and fall accidents happen more often than most people realize. Every year, over a million people seek emergency room treatment for fall-related injuries. What starts as an ordinary trip to the grocery store, a walk through a parking lot, or a visit to a restaurant can end in a split second with broken bones, spinal injuries, or even traumatic brain damage.

But here’s what many victims don’t expect: when they try to seek compensation, property owners often refuse to take responsibility. Instead, they shift blame, deny knowledge of hazards, and use aggressive tactics to avoid paying what you deserve.

If you’ve been injured in a slip and fall accident in Phoenix, understanding how property owners and their insurance companies defend these cases is crucial. At Lebovitz Law Group, we’ve spent over 8 years fighting these tactics and securing compensation for clients just like you.

Why Slip and Fall Cases Are So Difficult Without an Attorney

Under Arizona premises liability law, property owners have a legal duty to maintain reasonably safe conditions for customers, tenants, and guests. However, that doesn’t mean they willingly accept responsibility when someone gets hurt.

Slip and fall claims are complex because they often involve:

Disputed liability – Property owners claim they weren’t at fault

Complex medical proof – Linking your injuries directly to the fall

Aggressive insurance tactics – Adjusters trained to minimize payouts

Disappearing evidence – Hazards cleaned up immediately after accidents

Without experienced legal representation, victims are routinely told the accident was their own fault—even when the property owner clearly failed to fix a known hazard or provide adequate warnings.

The 5 Defense Tactics Property Owners Use Against You

Understanding these strategies will help you recognize when you’re being manipulated—and why having an experienced slip and fall lawyer in Phoenix is essential.

1. The “Open and Obvious” Defense

Property owners frequently argue that the hazard was so visible that any reasonable person would have avoided it. They’ll point to:

• Wet floors with visible puddles
• Objects blocking walkways
• Large cracks in sidewalks or pavement

But context matters. Was the area poorly lit? Was the hazard in an unexpected location? Were warning signs missing or inadequate? Just because something is technically visible doesn’t mean the property owner fulfilled their duty to keep customers safe.

2. Blaming You (Comparative Negligence)

Arizona follows a pure comparative negligence rule, which means your compensation can be reduced if you’re found partially at fault—but you can still recover damages.

Insurance companies will try to shift blame by claiming:

• You were distracted by your phone
• You were walking too fast
• Your footwear was inappropriate
• You ignored warning signs

Here’s how it works: If your total damages are $100,000 and the court finds you 30% at fault, you can still recover $70,000. A skilled attorney ensures fault isn’t unfairly shifted onto you.

3. Denying They Knew About the Hazard

Property owners are only liable if they either created the hazardous condition or knew (or should have known) about it. Their defense team will argue:

• The spill “just happened”
• No employee had reported the danger
• Staff had recently inspected the area

This is where surveillance footage, maintenance logs, and witness statements become critical evidence. Our team at Lebovitz Law Group knows how to obtain and preserve this evidence before it disappears.

4. Destroying or “Cleaning Up” Evidence

The moment an accident occurs, employees often spring into action—not to help you, but to protect the business. They may:

• Immediately clean up spills
• Move objects that caused the fall
• Dispose of damaged equipment
• “Lose” surveillance footage

This is why immediate action is crucial. The longer you wait to document the scene and contact an attorney, the harder it becomes to prove your case.

5. Minimizing Your Injuries

Even serious injuries may not fully manifest until days or weeks after a fall. Insurance adjusters commonly claim:

• Your pain is exaggerated
• Injuries are pre-existing conditions
• Medical treatment was unnecessary or excessive

Comprehensive medical documentation from the moment of injury is vital to prove both causation and severity.

Common Injuries We See in Phoenix Slip and Fall Cases

Don’t let the term “slip and fall” fool you into thinking these are minor incidents. At Lebovitz Law Group, we’ve represented clients suffering from:

• Broken hips, arms, wrists, and legs
• Neck and back injuries
• Spinal cord damage
• Concussions and traumatic brain injuries
• Torn ligaments and tendons
• Chronic pain and permanent mobility problems

Many of our clients require multiple surgeries and months of rehabilitation. These aren’t just medical events—they’re life-changing injuries that affect your ability to work, care for your family, and enjoy daily activities.

Where Phoenix Slip and Fall Accidents Commonly Occur

Over our 8 years of practice, we’ve handled cases in virtually every type of location:

Supermarkets and Convenience Stores – Wet floors in produce sections, spills in aisles, and ice from freezer units create constant hazards.

Public Parks and Facilities – Poorly maintained restrooms, cracked walkways, and unsafe playground equipment injure families every day.

Parking Lots and Garages – Uneven pavement, debris, inadequate lighting, and loose concrete cause countless falls.

Restaurants and Bars – Spilled drinks, freshly mopped floors without warning signs, and cluttered walkways are common culprits.

Apartment Complexes – Broken stairs, loose railings, poorly lit common areas, and unmaintained walkways endanger residents.

Office Buildings and Hotels – Slippery lobby floors, damaged carpeting, and wet entryways create liability for property managers.

Sidewalks and Public Walkways – Uneven surfaces, debris, and crumbling concrete can make even a simple walk dangerous.

Slip and fall accidents can lead to severe injuries, long-term medical costs, and even fatalities. In cases involving catastrophic injury or death, it’s critical to consult an experienced wrongful death attorney in Phoenix who can pursue justice and ensure full compensation for your losses.

What Compensation Can You Recover?

With the right legal team fighting for you, slip and fall victims can recover:

• All medical bills (past and future treatment costs)
• Lost wages and reduced earning capacity
• Pain and suffering
• Loss of enjoyment of life
• Permanent disability or disfigurement
• Rehabilitation and therapy costs

At Lebovitz Law Group, we don’t just calculate your immediate medical expenses. We work with medical experts to understand the full, long-term impact of your injuries—because that’s what you truly deserve.

Critical Steps to Take After a Slip and Fall

The actions you take in the hours and days following your accident can make or break your case. Here’s what you need to do:

1. Report the Incident Immediately

Notify a manager or employee and insist on filing an incident report. Get a copy if possible.

2. Document Everything with Photos and Videos

Capture the hazard from multiple angles, the surrounding area, lighting conditions, and your visible injuries.

3. Collect Witness Information

Get names, phone numbers, and brief statements from anyone who saw the accident.

4. Seek Medical Attention Right Away

Even if you feel “okay,” see a doctor. This creates a documented link between the fall and your injuries.

5. Preserve Your Clothing and Shoes

Don’t wash or discard what you were wearing. These items may serve as evidence.

6. Contact Lebovitz Law Group Immediately

Call us at 602-975-5550 for a free consultation. The sooner we’re involved, the stronger your case becomes.

Real Results from Phoenix Slip and Fall Cases

While every case is unique, here are examples of what strong legal representation can achieve:

Restaurant Floor Slip – Client fell on spilled sauce with no warning signs, suffering back injuries requiring extensive therapy. Settlement: $165,000

Apartment Stairway Fall – Loose railing caused tenant to fall down stairs, resulting in severe shoulder injuries and surgery. Settlement: $485,000

Grocery Store Produce Aisle – Water from ice bin created slippery conditions, causing hip fracture requiring long recovery. Settlement: $900,000

These results were possible because of thorough investigation, preserved evidence, and aggressive negotiation with insurance companies.

Time Is Running Out: Arizona’s Statute of Limitations

You have only 2 years from the date of your accident to file a personal injury claim in Arizona. Once this deadline passes, you lose your right to seek compensation—permanently.

Critical evidence disappears quickly. Surveillance footage gets recorded over. Witnesses forget details. Hazards get repaired. The sooner you contact an experienced slip and fall attorney, the better your chances of building a strong case.

Why Choose Lebovitz Law Group?

Over 8 Years of Experience – We’ve successfully handled hundreds of slip and fall cases throughout Phoenix and the surrounding areas.

Personal Attention from Day One – You’ll meet one-on-one with our Managing Attorney, Brandon Lebovitz, for your initial consultation and receive his personal attention throughout your case.

We Fight the Tactics Property Owners Use – We know every defense strategy insurance companies employ, and we know how to counter them with solid evidence and aggressive advocacy.

No Upfront Costs – We work on a contingency fee basis. You pay nothing unless we recover compensation for you.

Proven Track Record – Our clients have recovered millions in compensation for medical bills, lost wages, pain and suffering, and more.

Don’t Let Property Owners Control Your Future

Property and business owners have legal teams and insurance companies working immediately to protect their interests. You deserve the same level of protection.

When you choose Lebovitz Law Group, you get:

✓ Immediate investigation to preserve critical evidence

✓ Aggressive negotiation with insurance companies

✓ Expert medical documentation of your injuries

✓ Strategic legal guidance every step of the way

✓ A team that treats you like family, not a case number

Your recovery is too important to leave to chance. Don’t let the property owner or their insurance company minimize your suffering or shift blame onto you.

Schedule Your Free Consultation Today

If you or a loved one has been injured in a slip and fall accident anywhere in the Phoenix area, contact Lebovitz Law Group now at 602-975-5550.

You’ll meet with Managing Attorney Brandon Lebovitz to discuss your case, understand your legal rights, and learn how we can help you secure the compensation you deserve.

The clock is ticking. Evidence is disappearing. Call us today.

 

Frequently Asked Questions