How to Prove Negligence in a Personal Injury Case in Arizona [2025 Guide]

When you have been injured, it is difficult to know where to begin if you feel your injury was the result of negligence. It can be especially hard if you are dealing with doctor visits, tests, pain, and stress from not being able to work. Here, we will explain how to prove negligence in a personal injury case in Arizona in a straightforward manner that is easy to understand. For more information than this post includes, we recommend speaking to an attorney.

How to Prove Negligence in a Personal Injury Case in Arizona

There are four necessary components to establish negligence or liability for a personal injury. These are also the same four components a defense would need to disprove negligence on behalf of a defendant. The four components are duty of care, breach of that duty, causation (proof the breach caused the injury), and damages, which are the losses suffered by the victim. More info on each of these follows.

Duty of Care

Proving that a duty of care existed is the first step in proving negligence in a personal injury case. It must be established that the defendant owed the plaintiff a duty of care, which means they had a legal responsibility to protect the plaintiff from injury. For example, a restaurant owner has a responsibility to keep floors clean and dry and free of debris so customers don’t slip and fall while visiting.

Breach of Duty

Not only is there a need to identify a duty of care, but there is also a need to prove that the duty of care was breached. In the example above, proving the breach of duty would mean proving the floor was wet or that debris was obstructing the path at the time the person slipped. This is often difficult and gets harder as time passes because witnesses disappear or their memory fades.

Oftentimes, surveillance cameras or photos are useful in proving breach of duty, as well as statements from witnesses, police reports, or other means of investigation. This is why it is important to contact the police and ask anyone who was present at the time of the accident to stand by to give their account of what occurred and describe the conditions of the property on the day of the injury whenever possible.

Causation

The next piece of the puzzle is causation. Once a duty of care is identified and a breach of duty is established, there must be proof that the breach of duty contributed to the injury. If a customer spills their drink and then immediately slips and falls, the property owner may not be liable if they had no prior knowledge of the spill or opportunity to clean it and maintain safe conditions, hypothetically. However, this could be influenced by Arizona’s comparative negligence law, which defines partial liability and damages.

Again, documented items of evidence are ideal in proving causation. Police reports, surveillance video, eyewitness testimony, photos of the conditions or environment before and/or after the incident occurred, photos of the injury, medical records, pay stubs or time sheets to prove you were out of work, testimony from medical professionals, and anything else that backs up your story are worthwhile in presenting as evidence that can help prove negligence.

Damages

This component of proving negligence identifies that the plaintiff did, in fact, suffer damages as a result of the injury that was caused by someone’s breach of duty of care. Damages may include medical bills, pain and suffering, lost wages, and other types of compensation. To prove damages, collect your medical records, bank statements showing where you paid medical bills, paycheck stubs to show loss of wages, a letter from your employer, invoices from doctors, etc.

Putting Everything Together for a Personal Injury Claim

Compiling all the components and collecting documented evidence to back your claim can be exhausting, especially if you’re injured. This is why an experienced personal injury attorney can help you obtain the things you need to prove negligence, assess what you’re missing, and compile it in an organized manner to present in your case. It is unlikely that you have experienced this before, but personal injury attorneys have done it many times. They understand the laws, know the process, and are familiar with the courts.

Depending on who the defendant is in your case, you could be up against a corporate legal team that is skilled in getting claims denied, as was the case in O’Brien v. KG Homes when the defendant’s legal team found a discrepancy in the plaintiff’s personal injury statement. When you enter the room with a reputable attorney on your side, everything can change.

FAQs About Personal Injury Negligence Law in Arizona

What Evidence Is Needed to Prove Negligence?

To prove negligence in Arizona, a plaintiff needs to prove a duty of care, a breach of duty, causation, and damages. These are evident when the plaintiff can provide documented evidence that proves negligence, such as police records, photographs, surveillance tape footage, eyewitness accounts, news reports, medical bills, proof of lost wages or earning capacity, invoices, bank records showing expenses incurred as a result of the injury, and anything else that supports the claim.

What Is the Negligence Rule in Arizona?

The Arizona state law regarding negligence, referred to as the pure comparative negligence rule, allows injured parties who are partially liable for their personal injury to still receive partial damages. Partial damages are reduced by the same percentage rate as their contribution to the fault of the accident. Some exceptions do apply, though. Speaking to a personal injury attorney can confirm pure comparative negligence in an accident or personal injury.

What Are the Four 4 Things That Must Be Proved in Order to Claim Negligence?

In order to prove negligence in a personal injury claim, four things must be proven, including a duty of care, a breach of that duty of care, causation that the breach of duty caused the accident, and that damages were incurred as a result of the accident. All four of these must be met, and if one cannot be fulfilled, negligence cannot be proven.

What Is Generally the Test for Negligence?

The test for negligence requires that all four components of negligence be proven for a personal injury claim to be considered valid. A duty of care must be established, it must be proven that this duty of care was breached, the injury must be proven to be caused by that breach of duty, and finally, it must be proven that the plaintiff incurred damages as a result of that injury, as well as what those losses were specifically.

Get Help to Prove Negligence in Your Arizona Personal Injury Case

The Kaiser Law Group has personal injury experience backed by the resources and knowledge to make a compelling personal injury case once the four components outlined above are met. Contact The Kaiser Law Group to learn more about how they can help you make a claim.