AZ Common Law Causes of Action PROFESSIONAL NEGLIGENCE (2011)

• Jurisdiction: Arizona

PROFESSIONAL NEGLIGENCE

Elements

“The general rule is that a professional owes no duty to a non-client unless special circumstances require otherwise. Under special circumstances our courts have imposed liability on a professional to the extent that a foreseeable and specific third party is injured by the professional’s actions.” Napier v. Bertram, 191 Ariz. 238, 242, ¶ 15, 954 P.2d 1389, 1393 (1998).

“The test is whether the professional had a duty to protect foreseeable third parties from harm.” Ferguson v. Cash, Sullivan & Cross Ins. Agency, Inc., 171 Ariz. 381, 385, 831 P.2d 380, 384 (App. Div. 1, 1991).

Proof

“The standard of care imposes on...