If a property owner opens their property to the public for a business purpose, the property owner has a duty to make the premises reasonably safe for its business invitees.
In Arizona, this duty is non delegable, which means if a burn survivor suffers burns while on the property of another for a business purpose and the property was not reasonably safe, the property owner cannot shift blame to its landscaper, its electrician or its maintenance company, even if they created the condition that caused the burns.
In a recent case, an individual was walking past a fire pit in a restaurant when they slipped and fell into the pit, suffering massive burns. Suit was brought against the restaurant chain, alleging that the customer was invited onto the property for a business purpose and that the property was not reasonably safe, because there had been other similar incidents of people falling into pits in other restaurants and the pit should have been reasonably protected. The case settled for $6,250,000.
