When it comes to personal injury cases in Phoenix, Arizona, the difference between negligence and liability is key. Negligence is when a person's careless behavior causes harm or damage to another person, while liability refers to someone being responsible for damages caused by their actions. In order to prove fault in a personal injury case, you must be able to demonstrate that:
The defendant owed the plaintiff a duty of care
This means they had an obligation to act with reasonable care towards the plaintiff
Examples include medical professionals providing appropriate treatment, property owners keeping premises safe from hazards etc.
The defendant breached this duty of care
This means that the defendant did not take proper steps to protect the plaintiff from foreseeable risks of harm
Such as failing to provide adequate security measures on their property or delivering substandard healthcare services
As a result of this breach of duty, the plaintiff suffered injuries or losses
These can range from physical injuries such as broken bones or psychological distress due to emotional trauma
To financial losses like lost wages caused by missed work days because of an illness or accident