Duty To Plaintiff
A Phoenix personal injury lawyer needs to determine whether or not an at fault party has a duty to the injured party.
In certain instances, duty can be a difficult thing to establish. Often times legislative laws do not establish duty. For example, a grocery store has some duty of care toward its customers' safety, but there are no specific legal guidelines on just exactly what the grocery store owner must do to satisfy that duty. The law only requires the store to take "reasonable" steps to ensure customer safety. An example would be keeping track of the floors and inspecting them for spills on a regular basis. However, there is no precise answer as to whether or not a particular spill that caused an accident results in a breach of duty, i.e. was the stores inspection system reasonable?
Again, for a Phoenix personal injury lawyer, if a customer has an accident involving store safety, the argument revolves around whether steps taken by the store were considered reasonable.
A Phoenix personal injury lawyer must know what situations where there is a real injury, but no duty of care exists. A simple example is a trespasser injured on someone else's property cannot assert a duty of care on the part of the landowner.
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