21.2 Existence of a Duty and Standard of Care.

• Jurisdiction: Arizona

21.2 Existence of a Duty and Standard of Care. The standard of care requires behavior consistent with one “exercising those qualities of attention, knowledge, intelligence, and judgment [that] society requires of its members for the protection of their own interests and the interests of others.”⁸ The standard of care, however, does not require a person to take unreasonable precautions.⁹

In ordinary negligence actions, the standard of care imposed is conduct of a reasonably prudent person under the circumstances. In most negligence cases, it is not necessary for plaintiff to present evidence to establish the standard of care because the jury can rely on its own experience in determining whether the defendant acted with reasonable care under the circumstances.¹⁰ The applicable standard is an objective one, rather than a subjective judgment about the individual.¹¹ Yet, allowance must be made for differences between individuals, the risk apparent to the actor, the actor’s capacity and all the circumstances under which he must act.¹²

The standard of care requires an actor to recognize a risk of harm, if a reasonable person would do so, with:

a. such attention, perception of the circumstances, memory, knowledge of other pertinent matters, intelligence, and judgment as a reasonable person would have; and

b. such superior attention, perception, memory...