PHOENIX (KVOA) – The Arizona Supreme Court has ruled that businesses must maintain reasonably safe conditions for their customers. This decision clarifies that a business owner’s duty does not depend on whether a hazard is “open and obvious” or “unreasonably dangerous.”
The case in question involved Roxanne Perez, who was injured after tripping over a case of bottled water on the floor at a Circle K store. Perez sued, claiming the store failed to keep the premises safe. Lower courts had sided with Circle K, stating that the hazard was “open and obvious.”
Chief Justice Ann A. Scott Timmer, writing for a unanimous court, disagreed with the lower courts. “Circle K had a legal duty to keep the store safe, regardless of whether the danger presented by the case of water was open and obvious,” said Timmer.
The ruling reverses the lower court decisions and remands the case back to trial for further proceedings. The Supreme Court’s decision has significant implications for businesses and legal practitioners involved in negligence and premises liability cases.
This decision emphasizes that businesses have a legal obligation to ensure the safety of their premises for customers. The full opinion and a video explanation from the court is available for those seeking more information.
Your browser is out of date and potentially vulnerable to security risks.
We recommend switching to one of the following browsers:
