Recovering from a violent attack takes time, and no one should feel rushed while they are still healing. Still, the law does not pause while you recover. Arizona sets firm limits on when a negligent-security lawsuit can be filed, and the evidence that proves these cases has an even shorter shelf life than the legal deadline.
Here is what victims and families should know about timing.
Two years is the general rule
For a person who was shot or stabbed and survived, Arizona generally allows two years from the date of the incident to file a negligence or personal injury claim against the property owner. That limit comes from A.R.S. § 12-542.
For a family that lost someone, the wrongful-death clock generally runs two years from the date of death. If the victim died days or weeks after the attack, the date of death, not the date of the shooting, is usually the starting point for the family's claim.
These are general rules. Specific facts can change the calculation, so the safest course is to confirm your own deadline with a lawyer as soon as you are able.
Public property can move the deadline up
Not every attack happens on private land. If the property was owned or run by a city, county, school district, or other public body, Arizona law generally requires a written notice of claim within 180 days, followed by a lawsuit within one year (A.R.S. § 12-821.01). Those windows are far tighter than two years, and missing them can end a claim before it starts.
Why evidence will not wait two years
Negligent-security cases are won with proof of what the owner knew and what it failed to do. Much of that proof is temporary.
Video. Many surveillance systems overwrite their recordings automatically, sometimes within a week. Once that footage is gone, so is the clearest picture of how the attacker got in and whether any guard responded.
Records. Access-gate logs, key-card data, and guard sign-in sheets may be purged on a routine schedule.
People. Employees quit. Tenants move out. A witness who remembers every detail today may be hard to find in eighteen months.
The scene itself. Owners sometimes repair broken locks, add lighting, or hire guards after a serious incident. Those changes can make it harder to show what conditions looked like on the night of the attack.
A lawyer can send a preservation letter that puts the owner on notice to keep this material. The earlier that letter goes out, the more there is to preserve.
The criminal case runs separately
Some victims wait for the criminal prosecution to finish before thinking about a civil claim. That can be a costly mistake. A criminal case can take longer than two years, and the civil deadline keeps running regardless. Your claim against the property owner is legally separate from any charges against the attacker, so there is no need to wait for a verdict.
What else affects your claim
Timing is only one piece. Under Arizona law:
- The owner of a property it controls owes a duty to protect against foreseeable third-party crime, as recognized in Martinez v. Woodmar. How much security was required, and whether the owner acted reasonably, is generally decided by a jury.
- Arizona uses pure comparative fault. Your share of fault, if any, lowers your recovery but does not bar it, except where a plaintiff intentionally caused the harm.
- Compensatory damages are not capped. The state constitution prohibits caps on damages for personal injury or death. Families in wrongful-death cases can seek funeral costs and the loss of support and companionship.
Getting started without delay
The Haggard Law Firm works with Arizona crime victims and families on a contingency basis, so there are no attorney's fees unless the firm recovers compensation. It has handled nearly 500 negligent-security cases nationwide and holds a $102.7 million verdict, the largest negligent-security verdict in U.S. history.
The firm's home office is in Coral Gables, Florida. Michael A. Haggard is licensed in Florida and is not licensed in Arizona. He regularly takes on Arizona cases as co-counsel with a locally licensed Arizona attorney, given the firm's focus on negligent security and its national reputation in the field, and he seeks pro hac vice admission for the specific case when the court's rules allow. Your matter would be handled with local Arizona counsel.
A phone call now costs nothing and can protect evidence that may not exist next month. Call (305) 446-5700 to schedule a free, confidential review.
Attorney advertising. The information above is general and should not be taken as legal advice for your situation. Contacting the firm does not by itself establish an attorney-client relationship. Michael A. Haggard is a Florida-licensed attorney. Results in earlier cases do not guarantee the outcome of yours.
