Confidential Settlement for Slip and Fall Injury at Warehouse Store Near Scottsdale
Confidential Settlement for Slip and Fall Injury at Warehouse Store Near Scottsdale
A routine shopping trip turned into a life-altering injury—and a hard-fought legal victory for our client.
On July 11, 2023, our 78-year-old client visited a warehouse store located near Scottsdale, Arizona. What should have been an ordinary trip ended in a slip and fall injury that left her with a fractured spine, daily pain and a long road to recovery.
Our client was exiting the women’s restroom inside Costco when she slipped on a puddle of water that had accumulated near the first stall. The smooth, patterned tile flooring made it difficult to see the liquid. As a result, she fell backwards and suffered a serious spinal injury. She immediately reported the fall to an employee, but the damage was already done.
Premises Liability and Business Responsibility
The warehouse store, like all commercial property owners in Scottsdale, had a legal duty to maintain a safe premises for its invitees. This included regularly inspecting restrooms, promptly cleaning up any spills, and placing wet floor signs or non-slip mats in areas known to get wet. In this case, our investigation revealed that none of those safety measures were in place.
We argued that the store’s failure to act reasonably in maintaining restroom safety directly caused our client’s slip and fall injury. The water was in a foreseeable location—near the hand-drying area—and could have been addressed easily with regular inspections or preventative measures. The store’s inaction amounted to negligence under Arizona premises liability law.
The Liability Theory We Developed to Help Secure the Settlement
In most slip and fall cases, there is a spill on the ground that is not cleaned up in a reasonable amount of time. The challenge with this case was that the client did not know how long the water was on the ground. Further, since the water she slipped on was in the women’s restroom, there was no video surveillance to show how long the water had been there or how it accumulated.
This meant that the legal strategy regarding the case had to be focused on the failures of the store with respect to its safety policies in general, not specifically its failure to clean up this particular spill. We established that there were hand dryers and a paper towel dispenser in the precise area where the client fell. This meant that anyone who washed their hands would have to go to this area and walk from the sink with their wet hands to it.
Due to the layout of the bathroom, that meant repeated store customers would be walking from the sinks and drying their wet hands under the hand dryer. Naturally, this meant that water would be tracked on the floor and below the hand dryer. However, despite knowing this, the store did nothing to prevent the accumulation of water on the floor in the area. Specifically, the store did not place a non-slip mat on the floor in this area which it knew was destined to get wet. It was this reasoning and liability theory that convinced the store to pay for our client’s injuries.
Extensive Medical Treatment and Ongoing Pain
After the fall, the client endured months of treatment for her injuries, which included an L1 vertebral compression fracture, lumbar radiculopathy, sacroiliitis and chronic pain. She wore a back brace, took prescription medications, underwent diagnostic imaging, and attended more than 20 physical therapy sessions across multiple facilities in and around Scottsdale.
Despite her efforts, the client continued to suffer from limited mobility and pain during everyday activities. This injury occurred during her golden years and drastically impacted her quality of life. Once active and independent, she struggled with basic household tasks and could no longer enjoy hobbies like dancing and gardening.
Lawsuit Filed and Slip and Fall Settlement Secured
We filed a lawsuit after the insurance company for the store denied our client’s injury claim. The lawsuit against the warehouse store, asserted claims for negligence and premises liability. We developed our theory that the warehouse store failed to maintain a safe environment and neglected a known risk. After litigation commenced and evidence was presented, the warehouse store eventually agreed to a confidential settlement.
After litigation commenced and evidence was presented, the warehouse store eventually agreed to a confidential settlement.
This slip and fall settlement helped compensate our client for her medical expenses and the pain, suffering and loss of enjoyment of life she endured.
Perez v. Circle K: Arizona Supreme Court Reaffirms Property Owner Duties
In 2025, the Arizona Supreme Court issued a critical ruling in Perez v. Circle K Stores Inc., which strengthens the legal rights of injury victims like our client. In that case, the plaintiff fell over a case of water at the endcap of an aisle inside a Circle K convenience store. The store argued it wasn’t liable because it had no actual notice of the hazard because it was not an unreasonably dangerous condition. The appellate court agreed with this argument, but it was overturned by the Supreme Court.
The Supreme Court reaffirmed that businesses must take affirmative steps to inspect for and correct hazards—especially when those hazards are foreseeable. The Supreme Court made it clear that claiming “we didn’t know” is not a valid excuse when a reasonable inspection would have revealed the danger. Importantly, the Supreme Court held that whether or not the store breached its duty is a question for the jury. This includes whether or not the condition that injured the plaintiff was an unreasonably dangerous condition.
This decision applies directly to our client’s case. The Warehouse store should have anticipated wet floors in a restroom and taken steps to prevent a slip and fall injury. The lack of inspection and safety precautions violated that duty and ultimately caused serious harm to a customer in Scottsdale.
What This Case Means for Scottsdale Injury Victims
Large retailers like the warehouse store must be held accountable when their negligence harms customers. A slip and fall injury may seem minor to some, but for older adults and vulnerable individuals, it can lead to life-changing consequences.
This case sends a message: businesses must take their responsibilities seriously. When they fail to maintain a safe premises, they can and should be held legally and financially responsible.
Have You Suffered a Slip and Fall Injury in Scottsdale?
If you or a loved one has suffered a slip and fall injury due to unsafe conditions at a business or property in Scottsdale, you may be entitled to compensation. Our experienced team of Arizona personal injury attorneys can evaluate your case, preserve crucial evidence, and fight for the recovery you deserve.
Contact Scottsdale Injury Lawyers, LLC today for a free consultation.
About the author: The content on this page was provided by Scottsdale personal injury attorney and civil rights lawyer Tony Piccuta. Piccuta graduated with honors from Indiana University-Maurer School of Law in Bloomington, Indiana (Previously Ranked Top 35 US News & World Report). Piccuta took and passed the State bars of Arizona, California, Illinois and Nevada (all on the first try). He actively practices throughout Arizona and California. He is a trial attorney that regularly handles serious personal injury cases and civil rights lawsuits. He has obtained six and seven figure verdicts in both state and federal court. He has been recognized by Super Lawyers for six years straight. He is a member of the Arizona Association of Justice, Maricopa County Bar Association, Scottsdale Bar Association, American Association for Justice, National Police Accountability Project and Consumer Attorneys of California, among other organizations.
Disclaimer: The information on this web site is for informational purposes only and does not constitute legal advice. The information on this page is attorney advertising. Reading and relying upon the content on this page does not create an attorney-client relationship. If you are seeking legal advice, you should contact our law firm for a free consultation and to discuss your specific case and issues.
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