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"Strict" Products Liability Dead in Arizona?
Abuse and neglect is still rampant in nursing homes
Architect Can Be Liable for Economic Loss Caused by Negligence
Arizona Court of Appeals Holds Crop Dusting is Still an Inherently Dangerous Activity
Arizona Court of Appeals Rules Excessive Punitive Damages Unconstitutional
Arizona Legislature "tort reform" statute does not violate State Constitution Separation of Powers
Arizona Preliminary Med Mal Expert Affidavit Requirement Constitutional
Arizona Statute Update
Arizona Supreme Court Announces Guidelines for Notice of Claim in Class Action
Arizona Supreme Court Brings Reason to Notice of Claim Requirements
Arizona does not recognize a first or third party claim for spoilation of evidence
Asserting 5th Amendment in Civil Action Creates Inference of Guilt
Asserting 5th Amendment in Civil Action Creates Inference of Guilt
Attorney Can Be Liable for Malicious Prosecution & Aiding and Abetting
Attorney Malpractice Claim Requires Proving Case Within a Case
Attorneys' Fees Properly Awarded After Voluntary Dismissal
Bar Owner's Responsibility for Drunk Drivers
Bizzare and Dangerous Side Effects of Anti-Nausea Drug
Burns and Burn Injuries
Bush Administration Policies Show Disdain for Consumer Safety - Pre-Emption
Business Interruption Insurance Where Expansion of Business Collapses
Car Dealer's Insurance Policy Doesn't Cover "Customers"
Causation Expert Can Opine on Standard of Care says New Court of Appeals Case
Charter School not State Actor in Employment Matters
Child Crawls through Pet Door Drowns in Pool
Children face greater harm from medical mistakes
Compulsory Arbitration Sanctions in Arizona Mandatory
Confession to Clergyman Priviliged Even if Wife Present
Constitutional Comparisons with Japan
Consumer Safety -- Toys
Court Interpreter Qualifications For Trial Judge To Determine
Court of Appeals Announces Criteria for Admissibility of Expert Testimony in Medical Malpractice Case
Court of Appeals Protects Insurance Company Right to Intervene
Damages
Damron/Morris Agreements May Apply to Non-Insurance Contracts to Indemnify
Damron/Morris Agreements May Apply to Non-Insurance Contracts to Indemnify
Dangerous Diet Aids Pulled From the Shelves
Deadly Pacemaker Wires
Deadly Peanut Butter Kills 8, Sickens Hundreds Nationwide
Deadly Peanut Butter Kills 8, Sickens hundreds Nationwide
Discovery Sanction of Striking Complaint
Doctor/Patient Privilege No Bar to Identity of Patient Witnessing Fall of Plaintiff's Decedent
Drunk Driver's Right to Sue State Limited
Economic Loss Doctrine Bars Tort Claims for Construction Defects
Electoral College Part I: What is it?
Electoral College Part II: Where does the Electoral College come from and why do we still have it?
Employer's Liability for Acts of Employee
Employer's Liability for Acts of Employee--Part II Scope of Employment
Employer's Responsibility for Acts of Employee Part II
Epilepsy drug causes drop in child?s IQ when taken by pregnant mother
Evidence of Signs Posted After Accident Inadmissible
Evidence of Violation of OSHA Can Help Prove Standard of Care
Failure to Attend Arbitration Grounds for Dismissing Appeal
Failure to Warn and Federal Preemption
Forum Non Conveniens not Applicable Where Product sold in Arizona to Arizona Resident
Half of hospital workers don't wash their hands properly
IME Doctor Can be Liable for Negligent Diagnosis
IME doctor not Liable for "Aiding and Abetting" Insurance Co. in Bad Faith Denial of Workers Comp Claim
Injuries or Death on Someone Else's Property--What is an Invitee?
Insurance Bad Faith
Interest on Judgment Against State
Knowing the signs of stroke can save your life
LED Lights Safer for Bike Riders and Pedestrians
Lawsuits Against Lawyers for Negligence in the Representation on the Rise
Medical Malpractice
Medical Malpractice Statute Requiring Affidavit Constitutional
Medical Negligence--Informed Consent
Medical Negligence--The Standard of Care
Negligence--failure to use reasonable care
New 9th Circuit Case--Tribal Immunity bars dram shop & negligence claims
New Arizona Case - Expert Affidavit
New Arizona Case - Expert Witness Qualification
New Arizona Case - Governmental Immunity
New Arizona Case - Insurance Reservation of Rights
New Arizona Case - Notice of Claim
New Arizona Case - Notice of Claim
New Arizona Case - Pleadings
New Arizona Case - Statute of Frauds
New Arizona Case - Taxable Costs
New Arizona Case Decides Timliness of Request for Fees and Rule 11 Sanctions
New Arizona Case: Indemnity Agreement Raises Fact Questions
New Arizona Case: Liability Limitation in Contract Upheld
New Arizona Case: Punitive Damages Survive Death/ Loss Enjoyment of Life Damages Do Not Survive Death
New Arizona Supreme Court Case Explains How Class Representatives Comply with Notice of Claim Statute
New Court of Appeals Case on NonParty at Fault Designations, Liquidated Damages and Rule 68 Sanctions
New Court of Appeals Decision Holds Summary Judgment is not a Discovery Sanction
No Right to Appeal Denial of Motion for New Trial Based Upon Granting of Partial Summary Judgment
No Right to Second Notice of Change of Judge After Case Consolidation
Nonparty not Boundby Protective Order
Notice of Claim--Factual Support for Damage Amount Minimal
Notice of Claim?Factual Support for Damages and Negligent Failure to Identify Dead Body
Offer of Underinsured Motorist Coverage Should be in Spanish
Our Results
Patients Injured by Az Dept of Health and its Agencies Can Sue
Pet is Personal Property so no Emmotional Distress Damages for Pet's Death
Pool Filters Can Explode and Maim and Kill
Private Arbitration Rules Strictly Enforced
Products Liability
Qualified Immunity from Defamation Claim when Reporting Medical Misconduct
Records of Dangerous Fire Causing TV One Step Closer to Release
School Board Must be Served with Notice of Claim
Scope of Discovery of Expert Bias
Seat Belt Use Key in Auto Products Liability Case in Arizona
Sedona Sweat Lodge Tragedy
Sexual Assualt Case Settles for $850,000-University Must Revamp Rules
Social Networking: Be Careful What You Share
Spinal Cord Injury
State Tort Claims Not Preempted by Manufacturer's Voluntary Product Replacement
State Tort Claims Not Preempted for Failure to Warn Regarding Generic Drug
State of Arizona can Assert Lien Rights for Medical Expenses Paid State Employee against Tort Recovery
Statute of Limitations on Legal Malpractice in Handling Bankruptcy Action
Steroids and our Youth--Can Coach be Liable?
Summary Judgment is not a Discovery Sanction
Supreme Court Rules on "Reverse Discrimination."
Supreme Court Heightens Standard in Fear of Cancer Claims
Supreme Court Rules that Strip Search of 13-year-old Student was Unconstitutional
Supreme Court's Decision a Stunning Blow for Partisan Judicial Elections
Tardy Filing of Cost Bond Does Not Destroy Superior Court Jurisdiction of Appeal from Mandatory Arbitration
The ?Eggshell Rule? In Negligence Actions
Thousands of Nursing Homes Flunk Medicare Rating Test
TopicHealthcare Reform 101: What is it Exactly that Capitol Hill is Trying to Change About Our Healthcare System?
Tort Damages Allowed Where no Personal Injury or Personal Property Damage
Trial Court May Set Time Limits on Witness Examination
Tucson Cell Tower Worker Falls 65 Feet and Dies -- Who Is Responsible?
U.S. Supreme Court Ok?s Photo ID Law to Vote
United States Supreme Court Holds State Tort Claim for Failure to Warn not Preempted
Vick's Vapo Rub May Cause Breathing Problems in Toddlers
What is a Wrongful Death Action and Who can Bring It?
What to Do if You are in an Auto Accident
What to do if You are Involved in an Auto Accident--Part II Injuries
When Supersedeas Bond May be Less than Judgment
Worker's Comp Bad Faith Action Includes Traditional Tort Damages
eBay Seller in Michigan Safe from Lawsuit in Arizona

Negligence--failure to use reasonable care

What Does it Mean When Someone is Liable for Negligence?

 

            In general, people normally characterize a negligent person as someone who is irresponsible, careless, or who makes bad choices.  Although this characterization is not wrong, it is only part of what is required legally to maintain a lawsuit for negligence.  A plaintiff who sues a defendant for negligence must prove four things:  a duty, a breach of that duty, and an injury caused by that breach.

            First, the plaintiff must prove that the defendant had a duty to act responsibly towards him or her.  In the legal world, “duties” come in all shapes and sizes, but some examples include a doctor’s duty to treat their patient in a responsible and informative manner, a driver’s duty to other drivers and pedestrians to follow the rules of the road, a landlord’s duty to keep the premise in a safe condition for their tenant, a parent’s duty to take good care of their children, a lawyer’s duty to maintain the confidences of his or her client,  a manufacturer’s duty to make safe products for their consumers, and everyone’s duty to act with conscious regard for the safety and well-being of those around us.

            Once it is established that the defendant had a duty to the plaintiff, the plaintiff must prove that the defendant breached that duty by failing to act reasonably in to fulfill it.  For example, a doctor who doesn’t inform their patient of the dangerous risks involved in a serious surgery has breached her duty to secure her patient’s informed consent to the surgery; a driver who blows a stop sign has breached his duty to follow the rules of the road for the safety of others; a landlord who fails to fix a faulty staircase has breached her duty to keep the premise in a safe condition for her tenant; depending on the circumstances, an adult who leaves a child unattended may have breached his duty to look out for those that are more vulnerable.  In essence, anyone who unreasonably puts others at risk for injury potentially breaches her duty to those individuals reasonably at risk.

            Even if the defendant had a duty to the plaintiff and breached that duty, the plaintiff has to prove that they sustained some kind of injury—physical, emotional, or both—to succeed on negligence claim.  After all, the main purpose of the American tort law system is to compensate the victim for what he lost as a consequence of the wrongful conduct of others.  We all make mistakes, but it would be unrealistic to hold everyone accountable for their misconduct whether or not an injury to society has occurred.  Therefore, if no harm has been done by the defendant’s misconduct, then there is no foul.

            Lastly, the plaintiff must prove that it was the defendant’s breached duty that specifically caused the injury.  In legal terms, causation is arguably the most difficult, complicated, and confusing element out of the four because many factors come into play here.  However, in simple terms, the main questions become this: Was the defendant’s misconduct the cause of the plaintiff’s injury, or was it something else? If there was something else involved, did the defendant’s misconduct play any contributing role in causing the injury?  If the answer to either of those questions is yes, and the plaintiff has proved the other three elements mentioned above, then the defendant may be found fully or partially liable for to the plaintiff for his negligent action.

If you feel someone has failed to exercise reasonable care and that failure has caused you injury and you would like to explore recovering damages for your injury, give us a call or send us an e-mail.