22.2 Duty

• Jurisdiction: Arizona

22.2 Duty. In 1967, the Arizona Supreme Court decided that the duty of care owed by a landowner would be determined by the status of the entrant on the property.¹ The entrant can have a status of an invitee, licensee, or trespasser.² Defining duty based on the status of the entrant has been undisturbed by the Arizona Court of Appeals and the Supreme Court and remains the current standard.

The Arizona Supreme Court defines “duty” as the “question of whether the defendant is under any obligation for the benefit of the particular plaintiff.”³ If the defendant does not owe the plaintiff a duty, he is not liable even though he may have acted negligently.⁴ Although the standard of conduct necessary to fulfill a duty varies with the circumstances of the case, duty remains constant.⁵ Whether a defendant owes a duty to a plaintiff is a question of law.⁶

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Notes:

^[1] Shannon v. Butler Homes, Inc., 102 Ariz. 312, 428 P.2d 990 (1967).

^[2] Id.

^[3] Coburn v. City of Tucson...