What Is Duty of Care?
Duty of care is the legal obligation to act with reasonable care to avoid causing harm to others. It is the first of the four elements you must prove in a personal injury negligence claim. Without a duty of care, there is no negligence case — regardless of how serious your injuries are.
Who Owes a Duty of Care in Arizona?
- Drivers: Every person operating a motor vehicle on Arizona roads owes a duty of care to other drivers, passengers, cyclists, and pedestrians. This duty includes following traffic laws (ARS Title 28) and driving attentively.
- Property owners: Landowners and tenants owe a duty to keep premises reasonably safe for visitors. Under Arizona premises liability law, the duty varies based on visitor status (invitee, licensee, trespasser).
- Employers: Employers owe a duty to maintain safe workplaces and can be liable for employees’ negligent acts under respondeat superior.
- Doctors and medical providers: Medical professionals owe a duty to meet the accepted standard of care in their specialty — the foundation of medical malpractice claims.
- Product manufacturers: Manufacturers and sellers owe a duty not to put defective products into the stream of commerce.
How Duty Relates to Your Arizona PI Case
Most duty questions are straightforward — every driver owes every other road user a duty. The arguments in PI cases usually center on Breach (did they violate the duty) and Causation (did that breach cause the specific injury). But in some cases — slip and fall on private property, social host liability, dog bites — establishing that a duty existed is itself contested.
Frequently Asked Questions
Does a driver always owe me a duty of care in Arizona?
Yes. Every driver on Arizona roads owes a duty of care to all other road users — pedestrians, cyclists, other drivers, and passengers. This duty exists by operation of Arizona traffic law (ARS Title 28) and general negligence principles.
Does a property owner owe me a duty of care if I was injured on their property?
It depends on your visitor status. Arizona recognizes invitees (customers, visitors invited for business purposes), licensees (social guests), and trespassers. Property owners owe the highest duty to invitees — to inspect and repair known and discoverable hazards. The duty is lower for licensees and minimal for trespassers (generally only to avoid willful or wanton injury).
Questions about duty of care in your case? Call Wood Injury Law at (623) 207-0000 for a free review.