Thursday, October 2, 2014
What if I can’t prove someone’s negligence caused my injury? Is there any other basis for personal injury liability besides negligence?
Answer: Subject to few exceptions, one must prove another was negligent for one’s injury in order to recover damages. This includes claims for general negligence against another individual, or negligent design, manufacture, or warning in cases of an alleged defective product.
In a claim for tort liability, the plaintiff (injured person) has the burden to prove every element of their claim, of which defendant’s negligence is a key component.
If one cannot prove the alleged defendant was negligence, they likely will not procure a recovery.
Once such exception is when there is Strict Liability.
In Arizona, a dog owner is strictly liable for injuries resulting of their dog biting another or while injuring another while “at large” (not on their owner’s property and unleashed).
In such cases, the injured party need not prove owner negligence