One of the most important elements of proving negligence in personal injury cases is establishing that a party breached their duty of care. It is nearly impossible to hold someone responsible for an accident without it. Understanding what a breach of duty means, how it happens, and how it applies in Arizona cases can help you see whether you may have a valid claim. A Phoenix personal injury lawyer can help.
What Is a Breach of Duty?
A breach of duty occurs when someone fails to act with the level of care that a reasonable person would exercise in the same or similar situation. In other words, even if a person owed you a legal duty to act carefully, they can be held liable if their actions or inaction fell short of that standard.
Proving negligence in Arizona typically requires establishing four elements.
These include:
- Duty of care: You must show that the defendant owed a legal obligation to act a certain way toward you.
- Breach of duty: You must show the defendant failed to meet that obligation.
- Causation: You must show that the breach directly caused your injury.
- Damages: You must show that you suffered actual harm or losses.
The other elements of negligence fall apart without proving breach of duty. A Phoenix personal injury lawyer can help you improve your chances of doing so successfully.
How Does a Breach of Duty Happen?
Breach of duty can occur in countless ways, depending on the circumstances.
It typically happens when:
- Someone acts carelessly, such as doing something reckless, dangerous, or unreasonable, creating a foreseeable risk of harm.
- Someone fails to act, such as not taking reasonable steps to prevent harm when there is a legal duty to do so.
- Someone violates a law or safety rule, such as breaking traffic laws, building codes, or workplace regulations.
Arizona uses a “reasonable person” standard to determine whether a breach occurred. This means a jury will consider what an average, prudent person would have done under the same circumstances. If the defendant’s conduct fell below that standard, it is likely considered a breach.
What Are Examples of a Breach of Duty in Arizona?
Breaches of duty arise in most personal injury cases.
Some examples of how breach of duty might occur in real-life Arizona personal injury cases include:
Car accidents
A driver texts while driving through downtown Phoenix, runs a red light, and causes a car accident. Their distracted driving is a breach of their duty to obey traffic signs and signals.
Slip and fall cases
A grocery store in Phoenix ignores a spill in an aisle for several hours, despite employees walking past it multiple times. The store’s failure to address the hazard may breach its duty to maintain safe premises.
Medical malpractice
A Phoenix surgeon operates on the wrong body part because they failed to review the patient’s chart before surgery. Their failure to follow proper medical protocols is a breach of their professional duty.
Dog bite cases
A dog owner in Phoenix knows their pet has a history of bitin, but allows it to roam without a leash in a public park. If the dog bites someone, the owner has likely breached their duty of care.
Construction accidents
A contractor in Phoenix removes safety railings from a rooftop work area without warning workers or providing fall protection. This disregard for OSHA safety regulations is likely a breach of duty to maintain a safe work environment.
Product liability
A manufacturer in Phoenix knowingly sells a batch of children’s toys containing toxic paint without issuing a recall. Failing to warn consumers or remove the dangerous product from the market breaches the duty to ensure product safety.
These are just some examples of breaches of duty that may result in personal injury cases.
How Can You Prove a Breach of Duty in an Arizona Personal Injury Case?
A personal injury lawyer can help you prove a breach of duty in a Phoenix personal injury case.
A lawyer can help you gather evidence such as:
- Police or accident reports
- Surveillance footage
- Eyewitness testimony
- Safety and inspection records
- Expert witness opinions
Arizona follows a pure comparative negligence rule, which means even if you are partially at fault for your injury, you can still recover compensation. However, your award may be reduced by your percentage of fault. This makes it especially important to have strong evidence showing the other party’s breach of duty.
Contact the Phoenix Personal Injury Lawyers at Impact Legal Car Accident Attorneys for Help Today
If you believe someone’s careless or reckless behavior caused your injury, you may have a valid negligence claim. A Phoenix personal injury lawyer at Impact Legal Car Accident Attorneys can help investigate every detail of your accident, prove breach of duty, and hold at-fault parties accountable.
Contact us today for a free consultation to learn your legal options and pursue the compensation you deserve.
Visit Our Personal Injury Law Office Located in Phoenix, AZ
Impact Legal Car Accident Attorneys
16202 N Cave Creek Rd Suite D, Phoenix, AZ 85032, United States
(602)-345-1818
