Local Retailers Face Liability for ‘Hazardous Conditions,’ Ruling Reveals

On August 30, 2024, Maricopa police responded to a false report of a gun scare at a Circle K store located at 21212 N. John Wayne Parkway, as noted by local reporter Brian Petersheim Jr.

This incident comes in the wake of a ruling by the Arizona Superior Court regarding the responsibility of Circle K and similar businesses in ensuring customer safety. A lawsuit filed in 2020 highlighted ongoing concerns about safety at the convenience store chain, labeled by some Arizona State University academics as “hotspots for crime” across metro Phoenix.

The lawsuit originated from an incident where a customer, Roxanne Perez, tripped over a case of bottled water displayed at the end of an aisle while shopping in a Circle K store in Phoenix. Perez claimed she did not notice the display before her fall and subsequently sued the store, accusing it of creating a “dangerous condition.” The court documents did not detail the extent of her injuries.

Chief Justice Ann Scott Timmer, in her opinion, emphasized the obligation of Circle K to maintain a safe environment for its customers, stating, “Because Perez was Circle K’s business invitee, it owed her a duty to keep the store in a reasonably safe condition while she was in the market.” While the Maricopa County Superior Court initially sided with Circle K in 2022, citing that the water display was an “open and obvious condition,” the Supreme Court found otherwise.

The Supreme Court ruled that Circle K has an affirmative duty to keep its premises safe for invitees, redirecting the case for a new trial. This decision leaves the question of customer safety liabilities unresolved, which has raised concerns among local business owners.

Dave Karsten, owner of Ace Hardware in Maricopa, expressed worries about the implications of the ruling. “The liability that a shop owner would have to keep customers safe from anything that’s within our reasonable control makes sense to me. But if a customer hurts somebody else, are we liable for that? If lightning strikes the building and causes something to happen, are we liable for that? I hope not,” he remarked.

Karsten also pointed out that any increased costs from liability claims could ultimately burden customers. “Any costs associated with the business eventually makes it through to the customer,” he said.