Generally, in Arizona, the law allows for a legal claim to be brought against one who does something wrong that results in injuries to another.
But, can harm occur without negligence? Under what circumstances?
There are only a few that come to mind:
1. Dog bite/attacks – In Arizona, you do not need to prove negligence if another person’s dog bites or attacks you. It is called “strict liability.”
Absent proof of trespass or provocation, if another’s dog bites you, they are legally liable. Period.
2. Sudden Emergency Illness – you are driving down the road and all of a sudden you are hit by another car. It is later discovered that the driver of the other vehicle suffered a medical emergency (heart attack, stroke, etc..) and for this reason lost control. Are they still liable for your injuries?
Arizona law would say no. It is because “legally liable” requires the element of “wrongdoing.” So ask yourself, what did they do wrong?
Now, if they knew they had a condition and knew it could occur at any time and they should not have been behind the wheel at all, then you certainly have your “wrongdoing.”
But if no warning, like a medical episode out of the clear blue, then the law would say: What did they do “wrong” and the answer would be “nothing.”
If that is the case, then the out of control driver would not be “legally liable.” Hence, injuries, but no negligence, and no recovery.
Bear in mind, these types of incidents do occur, but they are not the norm.
Do you have questions about your injury case? Call Zachar Law Firm for answers.