22.3 Breach of Duty

• Jurisdiction: Arizona

22.3 Breach of Duty. Whether the defendant breached his duty of care is generally a question of fact, although there are some instances where breach of duty may be decided as a matter of law.⁷ The question of breach of duty involves determining the details of the defendant’s conduct that is necessary to fulfill the duty owed to the plaintiff.⁸ Foreseeability will dictate the “nature and extent of the conduct necessary to fulfill the duty.”⁹

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Notes:

^[7] Coburn, 143 Ariz. at 52, 691 P.2d at 180; Grafitti-Valenzuela, 216 Ariz. 454, 167 P.3d 711 (deciding as a matter of law that the city did not breach its duty to a bus stop patron because it was...