What are the key elements of a negligence claim?

In Arizona, negligence claims are based on the legal principle that individuals are expected to act with a reasonable level of care and that they can be held responsible for any harm they cause as a result of their actions. In order for a negligence claim to be successful, the following elements must be present: 1. Duty of Care: The plaintiff must identify a duty of care that the defendant owed them. This is an obligation the defendant had to act responsibly and with reasonable care. 2. Breach of Duty: The plaintiff must prove that the defendant breached their duty of care, meaning that they failed to act responsibly or with reasonable care. 3. Proximate Cause: The plaintiff must prove that the defendant’s breach of duty was the “proximate cause” of their harm. This means that the breach was the direct cause of the loss or injury. 4. Damages: The plaintiff must have suffered some type of harm, such as physical injury, emotional or psychological distress, or financial loss. If all of these elements are present, then the plaintiff can pursue a negligence claim against the defendant. In Arizona, the burden of proof is on the plaintiff to prove all of the elements of negligence, and it is up to the judge or jury to decide if the defendant was negligent or not.

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What are the key elements of a negligence claim?

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