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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.
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:
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.
Breach of duty can occur in countless ways, depending on the circumstances.
It typically happens when:
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.
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:
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.
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.
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.
A dog owner in Phoenix knows their pet has a history of biting, 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.
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.
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.
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:
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.
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.
Impact Legal Car Accident Attorneys
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(602)-345-1818
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