What Grounds Can You Use to Sue for Personal Injury in Arizona?
Personal injury cases are civil lawsuits in which a person who has been injured sues for damages. If they win their case, the court can rule that the party who caused the injury has to pay. The court can award damages for things like physical injuries, medical expenses, lost wages, and pain and suffering.
However, not every injury is grounds for a lawsuit. In order to sue for personal injury, you will have to make a claim based on negligence, strict liability, or intentional wrongdoing. Let’s take a closer look at each of these claims so you can better understand your options.
On What Grounds Can You Sue for Personal Injury?
1: Negligence
Failing to behave in the way that a reasonable person would is considered negligence. In order to establish negligence, the plaintiff, the person seeking the damages must prove that: there was a duty of care, the duty of care was broken, and the negligence of duty caused the injury.
Negligence can happen in several ways:
- The defendant created the risk leading to the injury.
For example: someone set up a trampoline in the park for a child’s birthday party, but neglected to set up any guard nets. One of the children bounced off and was injured.
- The defendant knows or should have known that their actions could be harmful.
For example: driving over the speed limit or ignoring a red light.
- The defendant neglected their duty of care for another person.
For example: A carer for an elderly woman refuses to clean their patient’s bed sores, which leads to an infection.
2: Intentional Wrongs
Intentional wrongs, also known legally as intentional torts, describe situations where the defendant purposely committed an act that they knew would cause harm. A good example of this is starting a fight, destroying a neighbor’s property, or even posting revenge porn. If their intention was to cause physical or psychological harm, the injured party can sue for damages.
3: Strict Liability
Strict liability applies to cases where someone can be held responsible for damages regardless of negligence or intent. In Arizona, the most common grounds for strict liability are cases involving dangerous activities, defective products, and dog bites.
- Dangerous activities can include things like working with explosives, mixing toxic chemicals, or other activities that are potentially harmful.
- The manufacturers of defective products can be held under strict liability if the defects cause an injury.
- In Arizona, dog owners are responsible for the actions of their dogs. They can be sued for any injuries caused by their dogs.
Personal Injury Lawyer in Scottsdale
Moving forward with a personal injury lawsuit can be a difficult decision. If you have suffered an injury because of someone else’s malice, negligence, or fault, you have the right to sue for damages. Our experienced attorneys can help you navigate the legal system and build a winning case. If you are looking to pursue a personal injury case, contact Van Norman Law today to schedule a consultation.
Images used under creative commons license – commercial use (4/27/25). Photo by Harlie Raethel on Unsplash.