We hear the word “negligence” used all the time. Someone might say, “I negligently let my pool turn green” or “We’ve been negligent about walking the dogs this week.” In this context, negligent suggests or infers general carelessness or laziness. But in personal injury law, negligence has a very specific meaning. Understanding Arizona negligence law is essential to building a successful personal injury claim.
If you’ve been injured in a car crash, bike collision, pedestrian accident or another type of incident in Chandler or the East Valley, here’s what you need to know about negligence.
The Legal Definition of Negligence
Negligence is the failure to act with the level of care that a reasonably careful person would use under the same circumstances. A person can be negligent through actions (e.g., running a red light) or omissions (e.g., failing to repair a dangerous bicycle component). Intent to harm isn’t required. The focus is on whether the conduct lacked reasonable care.
Ordinary vs. Gross Negligence
Most injury claims involve ordinary negligence. In some settings, a higher showing – gross negligence – is required. Gross negligence considers both what the person did and what they knew or should have known: the actor knew or should have known their conduct created an unreasonable risk with a high probability of substantial harm, yet proceeded in conscious disregard of that risk.
For example, claims against public entities and employees (e.g. law enforcement) provides qualified immunity for certain governmental activities unless the plaintiff proves at least gross negligence.
The Four Elements of Negligence in Arizona
To succeed in a negligence claim, Arizona courts require proof of four elements: (1) a legal duty requiring the defendant to conform to a certain standard of care; (2) the defendant’s breach of that duty; (3) a causal connection between the defendant’s breach and the plaintiff’s resulting injury; and (4) damages.
Legal Duty of Care
Requirement to conform to a certain standard of care
For example, all drivers have a legal duty to obey traffic laws when operating a motor vehicle on Chandler and East Valley roadways and freeways.
Breach of Duty
A breach occurs when actions fall below the required standard of care.
For example, failing to yield the right-of-way to another motorist when making a left-tur
Negligence per se means the injured person can establish a breach by showing a violation of a statute, code or other governing law that is intended to protect the injured person.
Causation
There must be causal connection between the conduct that breached the required standard of care and the alleged injury.
Causation has two parts: actual cause and proximate cause (more detail below).
Damages
Under Arizona law, a person injured due to negligent conduct is entitled to both economic damages (e.g. incurred medical bills, lost earnings/revenue) and non-economic damages (e.g. pain and suffering, loss of enjoyment of life, emotional distress).
Causation: Establishing the Connection between the Conduct and Injury
In car crashes, bike collisions, pedestrian accidents and other incidents resulting in personal injury, causation is often the element that is contested the most, and can be the most challenging and difficult to establish.
As mentioned above, causation in Arizona has two parts: actual cause and proximate (legal) cause.
Actual cause
Ask the “but-for” question: Would the harm have occurred but for the defendant’s conduct? If no, actual cause is met. In cases with multiple contributing causes the question is whether each defendant’s conduct was a “substantial factor” in bringing about the harm. For example, a driver heading home from a tire shop is driving excessively fast on the 202, loses control of his or her vehicle due to an improperly installed tire, and slams into another vehicle causing injuries. Both the driver and tire shop’s negligent conduct were “substantial factors” in bringing about the injuries.
Proximate cause (legal cause)
The harm must follow in a natural, continuous sequence from the conduct. An intervening act that is unforeseeable breaks the chain, and it cuts off liability between the negligent conduct and final harm. Using the example of the speeding driver with an improperly installed tire, after the driver loses control he or she is able to bring the vehicle to a stop on the side of the freeway. Moments, later, a small aircraft pilot makes an emergency landing on the 202 but skids and slams into the stopped vehicle during the process. This event is extraordinary and certainly unforeseeable, which breaks the chain between the injury and the negligent conduct of both the speeding driver and tire shop.
Arizona’s Comparative Fault
Even if you were partly at fault for an accident, you may still recover damages under Arizona’s pure comparative fault system. Your compensation is reduced by your percentage of fault. For example, if you were 20% at fault in a Chandler car accident, you could still recover 80% of your damages from the other party or parties who are found to be at fault.
Why Legal Representation Matters
Negligence cases are rarely straightforward. Insurance companies will often argue that:
Your injuries and symptoms are pre-existing.
The crash wasn’t the actual cause of your injuries.
Your damages aren’t “reasonable or necessary.”
An experienced personal injury lawyer can anticipate these defenses. As a former insurance adjuster and insurance defense attorney, I know how to frame the issue and position the case to negate these type of auto insurance arguments.
Take Action Before It’s Too Late
Most Arizona personal-injury claims must be filed within two years of the incident. This requirement is known as the statute of limitations.
Important exceptions and special rules:
Claims against Public Entities/Employees
You must serve a Notice of Claim within 180 days after the claim accrues, and the substance of the notice requires strict compliance. If you’re a minor or legally incompetent, that 180-day period starts when the disability ends.
If not resolved after serving a Notice of Claim, a lawsuit must be filed within one year of accrual.
Claims Created by Statute
These typically have a one-year limitations period. For example, Arizona’s dog-bite statute imposes strict liability on a dog’s owner when the dog bites someone in a public place or lawfully on private property. Significantly, the injured person does not have to prove the owner knew or should have known of the dog’s dangerous propensities. Because this claim is statutory, the one-year statute of limitations applies from the date of the bite.
Uninsured/Underinsured Motorist (UM/UIM) Claims
Under Arizona law, you must give your automobile insurer written notice of a UM or UIM claim within 3 years of the accident.
After giving that notice, you must file suit or request binding arbitration (depending on the specific policy language) within 3 years of the notice if your UM/UIM claim has not settled.
Contact Chandler Injury Lawyer
If you’ve been injured in Chandler, Gilbert, Mesa, Tempe, or anywhere in Arizona, contact Chandler Injury Lawyer Paul Ticen for a free consultation. I provide low-volume, high-attention representation so you receive the personalized guidance your case deserves.
Frequently Asked Questions About Negligence in Arizona
How long do I have to file a negligence claim in Arizona?
Most personal injury claims in Arizona must be filed within two years of the date of the accident. This is known as the statute of limitations. If you miss this deadline, you may lose your right to recover fair and reasonable compensation.
What if I was partly at fault for my accident?
Arizona follows a pure comparative fault system. This means you can still recover damages even if you were partly at fault. However, your compensation will be reduced by your percentage of fault. For example, if you were 25% at fault for a crash, you can still recover 75% of your damages.
What types of damages can I recover in a negligence case?
Potential damages include:
Injury scope: The nature, extent, and duration of your injury.
Pain & effects: Pain, discomfort, suffering, disability, disfigurement, and anxiety (past and future).
Medical bills: Reasonable, necessary medical care and services (past and future).
Income loss: Lost earnings to date and reduced earning capacity in the future.
Loss of relationship (consortium): Loss of love, care, affection, companionship, and similar pleasures in a marital or parent-child relationship (when applicable).
Loss of enjoyment: Reduced ability to participate in life’s activities at your pre-injury quality and level.
How do you prove negligence in court?
To prove negligence, you must establish four elements: duty of care, breach of duty, causation, and damages. This typically requires evidence such as party and witness testimony, medical records and bills, and expert testimony when necessary.
Do I need a lawyer for a negligence claim?
Insurance companies often try to minimize payouts by disputing fault, questioning your injuries, or minimizing your damages. A lawyer with experience handling negligence claims in Arizona can investigate your case, gather evidence, and negotiate with insurers so that you are fairly and reasonably compensated for your injuries.
