To prevail in a negligence case, a plaintiff must prove the following elements: the defendant owed a duty of care to the plaintiff, the defendant breached that duty by acting inappropriately or failing to act appropriately, the defendant's actions or failure to act directly caused plaintiff's injuries, and the plaintiff suffered compensable damages such as special or economic damages (medical expenses and lost wages) and general or non-economic damages (pain and suffering and lost enjoyment of life). 

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To prevail in an intentional harm tort case, a plaintiff must prove the following elements: the defendant performed a voluntary act with the intent to harm the plaintiff, the defendant's actions directly caused the plaintiff to suffer actual harm or injury, and the plaintiff did not consent to the defendant's actions.

 

To prevail in a manufacturing defect/strict liability case, a plaintiff must prove the following: the product must be defective, the product must remain unchanged after leaving the defendant's control, the plaintiff must prove that the defective product directly caused the plaintiff's harm/injury, and the plaintiff must show that the product was used in a foreseeable manner. In Arizona, dog bite suits can be filed as either based on violation of Arizona Revised Statute 11-1025 in which the owner of a dog that bites a person in a public place or when that person is lawfully in or on a private place is strictly liable for the damages suffered by the person bitten or based on the negligence of the owner of the dog. To prevail in a wrongful death suit in Arizona, a plaintiff must show that the defendant's intentional or negligent act caused the death of another. The types of activities that cause the death of another that are held to a strict liability standard are manufacturing defects, dog attacks, wild animal attacks, and abnormally dangerous activities such as storing or using explosives, burning fields, and the storing or handling of toxic/hazardous chemicals.

 

If you have been injured by someone else's unintentional or intentional acts or dangerous behavior, our attorneys are dedicated to protecting your rights and recovering compensation for your injuries. Call today to schedule a free consultation.