In Arizona, restaurant patrons are entitled to safe passage to and from dining establishments. Still, food debris outside entrances can create dangerous conditions that lead to injuries. Liability is not automatically assigned to the restaurant when you suffer a fall under these circumstances.
Establishing duty of care
A slip-and-fall claim depends entirely on proving the property owner was negligent. A restaurant is considered a “business invitee” premises, which means the owner owes customers the highest duty of care. In addition to keeping the inside dining room clean, this duty extends to all areas patrons must use, including entryways, sidewalks and parking lots.
The key legal factor here is who has legal control over the outdoor area where you fell. The duty to keep that area safe belongs to the party who manages, maintains or owns the specific patch of concrete.
Sometimes, a restaurant’s lease agreement clearly assigns maintenance of the sidewalk or entryway to the tenant. Other times, the commercial property owner, known as the landlord, retains control over all common exterior areas.
Proving notice
Simply falling on food debris does not automatically make the restaurant liable. Arizona law requires you to show the responsible party had notice of the dangerous condition:
- Actual notice: An employee or owner actually saw the spilled food or someone told them about it.
- Constructive notice: The food debris existed for such a length of time that the business, if exercising reasonable care through inspections, should have discovered and cleaned it up.
Proving constructive notice is often the most challenging part of any premises liability case.
This action generally requires substantial evidence, such as photographs showing the spill was dirty or melting, that indicates how long the food debris sat outside the establishment.
Understanding comparative negligence
Arizona follows a pure comparative negligence rule. This means you can recover compensation for your losses (typically medical bills, lost wages and pain and suffering) even if you share some blame for the fall. For example, if the court finds you were 20% at fault for being distracted, you can still collect 80% of your total damages.
But beware: The restaurant may try to argue that the food debris was an open and obvious danger you should have seen. Their insurers will likely try to use this rule to shift blame onto you and reduce your payout.
Securing compensation and justice
Slip-and-fall cases involving property boundaries and debris can become arguments between the restaurant’s insurance company and the property owner’s insurer. When they shift the blame away from themselves, they may also leave you without compensation.
Often, the most effective way to seek compensation is by enlisting legal help. Experienced professionals can help you investigate and secure time-sensitive evidence, properly identify the legally responsible party and meet the strict two-year filing deadline in Arizona.