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Arizona Supreme Court Rules for Increased Business Responsibility in Premises Safety Case Against Circle K

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Published on March 13, 2025
Arizona Supreme Court Rules for Increased Business Responsibility in Premises Safety Case Against Circle KSource: Google Street View

The Arizona Supreme Court ruled in Perez v. Circle K Convenience Stores, Inc. that Roxanne Perez, who tripped over a case of bottled water at a Circle K store and was injured, could proceed with her case. The Court overturned previous lower court rulings that had favored Circle K, which argued the hazard was "open and obvious" and therefore not "unreasonably dangerous," releasing the store from liability, according to the Arizona Supreme Court.

The Arizona Supreme Court ruled that businesses are responsible for maintaining safe premises for customers, even if hazards are clearly visible. Chief Justice Ann A. Scott Timmer stated, "because Perez was a customer (or "business invitee"), 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." The Court sent the case back to the trial court for further proceedings, as reported by the Arizona Supreme Court.

The Arizona Supreme Court has released a summary and full opinion of a recent ruling, available on X (@AZCourts) and Facebook (ArizonaSupremeCourt). The ruling requires businesses in Arizona to inspect walkways, displays, and other areas for potential hazards, regardless of whether they are obvious or not, as stated by the Arizona Supreme Court.