The City of Flagstaff tells property owners and occupants that they must keep the sidewalks next to their property clear of snow and ice, and no later than 24 hours after it accumulates. That rule tells you something about how this town expects winter to be handled. It does not, by itself, decide who pays when someone has a slip and fall on ice. That depends on where you fell, whose property it was, and what the owner knew and did about it.
Short answer: a business in Arizona owes its customers a duty to keep its premises reasonably safe, and the Arizona Supreme Court held in 2025 that a hazard being open and obvious does not erase the business’s duty of care; whether the condition was unreasonably dangerous is generally a question for a jury when reasonable people could disagree. A landlord must keep common areas clean and safe under A.R.S. § 33-1324. An injury lawsuit generally must be filed within two years. If the fall happened on public property, the deadline is much shorter: a notice of claim within 180 days.
Ice melts, and so does the evidence. Photograph the spot today if you can do so safely, or ask someone to. If the fall was on a city, county, state or university property, a notice of claim is due within 180 days. Sending a form or making a call does not stop or pause any deadline.
LEGAL ADVERTISEMENT: This site is an independent referral service operated by Wilder West Assets LLC, not a law firm. We connect people injured in Coconino County with independent licensed Arizona attorneys who handle personal injury claims. Nothing on this page is legal advice.
Where you fell decides the claim
A store, restaurant, hotel or other business
Customers are what the law calls business invitees. In Perez v. Circle K Convenience Stores, announced in March 2025, the Arizona Supreme Court said businesses must keep their stores reasonably safe for customers, and that an open and obvious hazard does not erase that duty. Whether the condition was unreasonably dangerous is generally for a jury to decide when reasonable people could disagree, though a court can still dismiss a claim if no reasonable juror could find the condition unreasonably dangerous. For an icy parking lot or entrance, the questions become practical ones. Did the business know about the ice, or should it have? How long had it been there? Did it plow, salt, sand, put down mats or post a warning? Was there a safer way in that it could have pointed customers to?
An apartment complex or rental
Arizona’s landlord statute, A.R.S. § 33-1324(A)(3), requires a landlord to keep all common areas of the premises in a clean and safe condition. Shared walkways, stairs, parking areas and mailbox areas are the places to look at after a winter fall. For a single-family rental, the lease may assign some upkeep to the tenant, but § 33-1324(C) limits how far that can go.
A sidewalk
Flagstaff’s sidewalk rule puts the clearing job on the owners and occupants of the adjacent property, and bars pushing snow or ice onto streets or alleys. The city says it serves a notice of violation once per season and then abates unsafe sidewalks at the owner’s cost. A code duty is not the same thing as a civil injury claim, and whether the rule matters to a particular claim is a question for a lawyer. It is still worth knowing who was supposed to clear the walk, and when the snow fell.
Public property
If the fall happened at a city building, a county facility, a state office or a public university, the claim is against a public entity. Under A.R.S. § 12-821.01, a written notice of claim must be filed within 180 days, stating the facts and a specific amount for which the claim can be settled, and a lawsuit must follow within one year under § 12-821. Our page on claims against a city, county or the state explains the notice in more detail.
The arguments you should expect
- “You should have seen it.” After Perez, an obvious hazard does not erase the business’s duty, and whether it was unreasonably dangerous is generally a jury question.
- “It just snowed; nobody could have cleared it yet.” Timing matters. When did the storm stop, and how long passed before your fall? Weather records help here.
- “Your shoes were wrong for the weather.” Arizona’s comparative fault law, A.R.S. § 12-2505, reduces a recovery by your share of fault rather than barring it. Keep the shoes you wore.
- “You were hurt before.” Prior injuries do not bar a claim, but expect the insurer to ask for old records.
Injuries and the bills
Falls on ice can cause wrist and ankle fractures, hip injuries, back injuries and head injuries, and some of those are not obvious on the first day. Get checked promptly and follow up. Health insurance can pay bills while a claim is pending, and under A.R.S. § 33-931 hospitals and other licensed providers can hold a lien on a later recovery from the party at fault. Our page on who pays the medical bills was written for car crashes, but the lien rules it describes come from that same statute. If you fell while working, a workers’ compensation claim may apply instead; see Flagstaff workplace injuries.
What to do this week
- Photograph the spot from several distances, with something for scale, and the surrounding area: gutters, downspouts, shaded patches, mats, signs.
- Write down the time you fell and when the last snow fell.
- Report the fall to the business or landlord in writing and ask for a copy of any incident report.
- Get witness names and phone numbers.
- Keep the shoes and clothing you wore, unwashed.
- Keep every medical record and receipt, and a short daily note on pain and what you could not do.
- Calendar 180 days if any public property could be involved, and two years otherwise.
Frequently asked questions
Can I sue a business if I slipped on ice in their parking lot?
You may have a claim. Arizona businesses owe customers a duty to keep their premises reasonably safe. The case turns on what the business knew or should have known about the ice and what it did about it.
Does an open and obvious hazard end a slip and fall claim in Arizona?
Not automatically. In 2025 the Arizona Supreme Court said an open and obvious hazard does not erase a business’s duty of care. Whether the condition was unreasonably dangerous is generally a jury question when reasonable people could disagree.
Who has to clear the sidewalk in Flagstaff?
The City of Flagstaff says owners and occupants of the adjacent property must clear snow and ice from the sidewalk no later than 24 hours after it accumulates, and must not push it onto streets or alleys.
Is my landlord responsible if I fell on ice at my apartment?
Arizona law requires landlords to keep common areas clean and safe. A fall on an icy shared walkway, stairway or parking area can support a claim, depending on what the landlord knew and did.
How long do I have to file a slip and fall claim in Arizona?
Generally two years to file a lawsuit under A.R.S. 12-542. If the property belongs to a public entity, a notice of claim is due within 180 days and the lawsuit within one year.
What if I was partly to blame for my fall?
Arizona uses comparative fault. Your recovery is reduced by your percentage of fault, but being partly at fault does not bar the claim.
Related guides
Hurt in a fall this winter? Free and confidential
Evidence of ice disappears with the next thaw. We’ll connect you with an independent licensed Arizona attorney who handles injury claims in Coconino County.
Sources & Corrections
Primary sources checked for this page on October 24, 2026:
- Arizona Supreme Court news release, Perez v. Circle K Convenience Stores (March 12, 2025)
- City of Flagstaff, Clearing Sidewalks
- A.R.S. § 33-1324, Landlord to maintain fit premises
- A.R.S. § 12-542, Two-year limitation
- A.R.S. § 12-821.01, Notice of claim against a public entity
- A.R.S. § 12-2505, Comparative fault
- A.R.S. § 33-931, Health care provider liens
The Perez summary is taken from the Arizona Supreme Court’s own news release on the decision.
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Not legal advice. The Flagstaff Legal Resource Center is an independent referral service operated by Wilder West Assets LLC, not a law firm. This page explains general Arizona law to help you prepare to talk with a lawyer. Laws change, and how they apply depends on your facts. No attorney-client relationship is created by using this site. Verify any attorney’s credentials through the State Bar of Arizona.