Arizona Supreme Court Sparks New Life in 2020 Circle K Safety Lawsuit

The Arizona Supreme Court issued a pivotal ruling on March 12, confirming that store owners must maintain a reasonably safe environment for their customers. The decision arose from a case involving Roxanne Perez and Circle K, which denied liability for Perez’s injuries, arguing that the water case she tripped over was “open and obvious.”

Despite the ruling, it does not guarantee Perez will win her case. The Supreme Court has sent the matter back to a trial court after a previous dismissal deemed her lawsuit lacking in legal merit.

This ruling establishes a clear legal standard regarding the obligations of store owners to protect customers from unreasonable risks. It serves as a reminder for retailers about the precautions they must take to avoid future liability.

Court documents reveal that Perez visited a Circle K in Phoenix in 2020 for ice cream. After selecting her item, she turned into the aisle where she tripped over a water case displayed at the end. Circle K attributed this display to the use of end caps, a common merchandising strategy, while Perez claimed she did not notice the obstruction.

In 2022, Maricopa County Superior Court Judge Joan Sinclair dismissed the lawsuit, stating, “While the case of water may have created a dangerous condition, it did not create an unreasonably dangerous condition.”

Judge Sinclair argued that Perez could have seen the water case if she had looked down, implying an expectation for individuals to exercise caution. However, Chief Justice Ann Scott Timmer challenged this perspective, emphasizing the responsibilities of business owners towards their patrons.

“Circle K, as a business owner, has an affirmative duty to make and keep its markets reasonably safe for customers,” she stated. The court unanimously agreed that Perez was indeed an invitee, thereby establishing Circle K’s duty of care.

The ruling opens the door for the trial court to evaluate whether the water case displayed at one crate high constituted an unreasonably dangerous condition, as well as the nature of its “open and obvious” status.

The Supreme Court also clarified that the ruling doesn’t hinder business owners from having claims dismissed before reaching a trial, especially when factual disputes are minimal.

As of now, there has been no response from the Arizona Retailers Association regarding the implications of this ruling for its members.