Find a slip and fall lawyer in Scottsdale: who is responsible for the place you fell

Last checked November 8, 2026

In Scottsdale, city code puts sidewalk maintenance on the property next to it, unless the city agreed in writing to do it.12 If you fell on city property, you must file a claim within 180 days.3 Against a private owner, you generally have 2 years to sue.4

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Road map of Old Town Scottsdale, where the city says the covered sidewalks are private property
Fell on city property in Scottsdale? You have 180 days to claim. Map data © OpenStreetMap contributors.

Who is responsible for a broken sidewalk in Scottsdale?

Scottsdale's code gives a first answer. Section 47-47 lists what the owner of property next to the right-of-way must maintain, and the sidewalk is on that list, along with the multi-use path and trail.1 For this section, an owner includes the occupant, so a business that rents the building may be part of it.5 The owner must also keep the adjacent right-of-way orderly and safe.6

The city can take on that work, but the code says its duty has to be in writing.2 That is why a fall on a sidewalk can point in two directions at once. Maintenance duty and legal fault are not the same thing, and this code does not say who pays a person who falls. A lawyer will read both.

Because of that doubt, protect the city deadline first. File within 180 days if there is any chance the city is responsible.3 It is much easier to drop a claim you filed than to revive one you missed.

What if I fell on a covered sidewalk in Old Town Scottsdale?

The city says the covered sidewalks in Old Town are private property.7 A fall under one of those arcades likely points toward the building owner or the business, not the city. That would mean the 2-year deadline instead of the 180-day one, but do not assume so. Get the address and the name of the shop right away, and photograph the uneven step, the wet floor or the item you tripped on.

Things left in the walkway also matter. City code lists a $250 penalty for making a sidewalk inaccessible without accommodations that meet the Americans with Disabilities Act.8 Parked scooters and bikes may not block the part of a public sidewalk people mainly walk on.9 If you tripped on one, photograph the company name.

How do I file a claim for a fall on Scottsdale city property?

  1. Write down the exact spot and the date. Take photos with something for scale.
  2. Ask the Safety and Risk Management Division for the Notice of Claim form.10
  3. Confirm where it goes. The City Clerk is at 3939 N. Drinkwater Blvd., 480-312-2412, and the risk page does not say where to deliver it.11
  4. File within 180 days. A late claim is barred.3
  5. If you later sue, the suit is due within one year.12

Report the hazard too, and keep a copy. The city says potholes go through Scottsdale EZ, and a work order is created within 48 hours.13 Scottsdale EZ is its one-stop problem-reporting tool.14 A report made after your fall does not prove the city knew before, so ask neighbors if they complained earlier.

Can I sue a Scottsdale store or apartment after a slip and fall?

Often, yes, if the owner knew about the hazard or should have found it. Report the fall to a manager before you leave and ask for a written incident report. Keep your shoes as they were. Ask for camera video in writing, since stores may not hold it long.

Renters have one more rule. Landlords must keep shared areas clean and safe.15 That covers things like apartment stairs and walkways, and a photo of a broken step plus an earlier maintenance request can help. Your own share of the blame lowers what you can recover but does not end the claim.16

Can I make a claim for a fall on a Scottsdale trail or path?

It is harder. If you were on land for free recreation, the owner is liable only for willful, malicious or grossly negligent conduct.17 Scottsdale has 160 miles of trails, plus the 11-mile Indian Bend Wash path.1819 Street Operations lists 80 miles of multiuse paths and unpaved trails in its work.20 A person hurt while trespassing has even fewer rights.21 Do not assume this rule applies. Whether you paid to be there and why you were there can change the answer.

Where do I get my medical records and file in Scottsdale?

HonorHealth Scottsdale Osborn, a Level I trauma center, has a records request form, and copy fees may apply.2223 Justice courts in Maricopa County hear small claims up to $5,000 and civil suits up to $10,000.24 You cannot use small claims against the state or a city.25

What should I ask a slip and fall lawyer in Scottsdale?

  • Who actually owned or controlled the place I fell?
  • Should we file a claim with the city to protect the 180-day deadline?
  • How will you prove the owner knew about the hazard?
  • Will a recreation rule limit my claim?

Questions

How long do I have after a slip and fall in Scottsdale?

Generally 2 years against a private owner.4 On city property, a claim is due within 180 days.3

Who maintains the sidewalk in front of a Scottsdale home or shop?

City code puts it on the owner or occupant next to the right-of-way, unless the city agreed in writing.152

Are Old Town's covered walkways public?

The city says the covered sidewalks in Old Town are private property.7

Can I use small claims against the City of Scottsdale?

No. Small claims cannot be brought against the state or its political subdivisions.25

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Scottsdale

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Arizona

Sources

  1. Scottsdale Revised Code, Chapter 47, checked 2026-11-08. “the owner of property adjacent to the right-of-way shall maintain the following”
  2. Scottsdale Revised Code, Chapter 47, checked 2026-11-08. “The city's obligation to maintain the right-of-way, or any portion of the right-of-way, specified in (f) above, shall be in writing.”
  3. A.R.S. § 12-821.01(A), checked 2026-11-08. “Any claim that is not filed within one hundred eighty days after the cause of action accrues is barred and no action may be maintained thereon.”
  4. A.R.S. § 12-542(1), checked 2026-11-08. “there shall be commenced and prosecuted within two years after the cause of action accrues, and not afterward, the following actions: 1. For injuries done to the person of another”
  5. Scottsdale Revised Code, Chapter 47, checked 2026-11-08. “the owner of property adjacent to the right-of-way includes the occupant of the property”
  6. Scottsdale Revised Code, Chapter 47, checked 2026-11-08. “keep the property and adjacent right-of-way in an orderly and safe condition”
  7. City of Scottsdale, Electric Bikes, Scooters, checked 2026-11-08. “the covered sidewalks in Old Town Scottsdale as they are private property”
  8. Scottsdale Revised Code, Chapter 47, checked 2026-11-08. “No person shall render a sidewalk inaccessible without making accommodations that comply with the Americans with Disabilities Act of 1990, as amended.”
  9. City of Scottsdale, Electric Bikes, Scooters, checked 2026-11-08. “Do not park devices on public sidewalks in areas that obstruct the portion used primarily by pedestrians.”
  10. City of Scottsdale, Safety and Risk Management, checked 2026-11-08. “will provide a Notice of Claim form upon request”
  11. City of Scottsdale, City Clerk, checked 2026-11-08. “3939 N. Drinkwater Blvd Scottsdale, AZ 85251”
  12. A.R.S. § 12-821, checked 2026-11-08. “All actions against any public entity or public employee shall be brought within one year after the cause of action accrues and not afterward.”
  13. City of Scottsdale, Pavement Preservation Program, checked 2026-11-08. “A repair work order will be created within 48 hours of your request.”
  14. City of Scottsdale, Electric Bikes, Scooters, checked 2026-11-08. “Scottsdale EZ, the city’s one-stop report-a-problem application”
  15. A.R.S. § 33-1324(A)(3), checked 2026-11-08. “Keep all common areas of the premises in a clean and safe condition.”
  16. A.R.S. § 12-2505, checked 2026-11-08. “the claimant's action is not barred, but the full damages shall be reduced in proportion to the relative degree of the claimant's fault”
  17. A.R.S. § 33-1551(A), checked 2026-11-08. “A public or private owner, easement holder, lessee, tenant, manager or occupant of premises is not liable to a recreational user or educational user except on a showing that the owner, easement holder, lessee, tenant, manager or occupant was guilty of wilful, malicious or grossly negligent conduct”
  18. City of Scottsdale, Paths & Trails, checked 2026-11-08. “Scottsdale has 160 miles of trails”
  19. City of Scottsdale, Paths & Trails, checked 2026-11-08. “An 11-mile multiuse path runs through the greenbelt and features more than 24 underpass and bridge crossings”
  20. City of Scottsdale, Street Operations, checked 2026-11-08. “80 miles of multiuse paths and unpaved trails”
  21. A.R.S. § 12-557(A), checked 2026-11-08. “A possessor of real property, including an owner, easement holder, lessee, renter or other occupant, does not owe a duty of care to a trespasser except to refrain from causing intentional, wilful or wanton injury.”
  22. Arizona Department of Health Services, Designated Trauma Centers, checked 2026-11-08. “7400 E. Osborn, Scottsdale, AZ 85251 10/27/24 10/27/27”
  23. HonorHealth, Request Medical Records, checked 2026-11-08. “Copy fees may apply.”
  24. Maricopa County Justice Courts, checked 2026-11-08. “small claims up to $5,000, and civil lawsuits for amounts up to $10,000”
  25. Arizona Revised Statutes 22-503, checked 2026-11-08. “Actions against this state, its political subdivisions or an officer or employee of the state or its political subdivisions in his official capacity.”

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