Duty Of Care

A typical Phoenix personal injury attorney handles a small percentage of claims in court each year. In doing so, a Phoenix personal injury attorney must prove four basic points to win the case:

  • There existed a legal responsibility or duty of care on the part of the person who caused the accident. We all generally have a duty not to harm others.

A duty of care is an obligation to not injure someone else. In addition that duty calls for us not to place someone else in the path of danger as well.

We all have duties of care to others as we interact in daily life. What is legally significant however, it is to whom exactly is a duty of care owed in a specific situation or in other words, how broad is our duty as a result of our actions?

Let's take an example, everyone has a duty of care to drive their car in such a manner as to not injure people in other vehicles or pedestrians. The extent of the duty is defined by the rules of the road as written in the Arizona vehicle code. In addition, the duty owed pertains to common sense or how a reasonable person would act.

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