Understanding negligence in the eyes of the law — a guide for Arizonans

Cristina Perez Hesano

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Every day, lives are changed due to preventable mistakes: a missed step in protocol, a moment of distraction or a failure to warn others of danger. From car crashes and workplace injuries to unsafe public spaces and professional malpractice, negligence can take many forms.

While accidents happen, the law draws a clear line between unfortunate mishaps and harm that results from someone not taking reasonable care.

What is negligence?

Negligence is a legal term that simply means someone failed to act with the level of care that a reasonable person would have exercised in the same situation, and that failure caused harm. It’s not about being perfect, it’s about being careful. Whether it’s a distracted driver running a red light or a store owner failing to put up signs to make patrons aware of a slippery floor, when someone’s carelessness causes injury, that’s negligence. 

What are the negligence laws that are specific to Arizona?

In Arizona, we follow what's called pure comparative negligence. That means if you're hurt and someone else is at fault, you can still recover damages — even if you were partially responsible. Your recovery just gets reduced by your percentage of fault. So, if you’re awarded $100,000 but found to be 20% at fault, you would still receive $80,000. It’s a fair system that acknowledges that life — and liability — isn’t always black and white

Why is understanding negligence important for the public

Understanding negligence empowers people. Whether you're a driver, a business owner, a parent or just someone walking down the street, knowing your rights — and your responsibilities — helps protect you and those around you. It also encourages all of us to act with more care, which ultimately creates safer communities.

What is the difference between negligence & gross negligence?

Think of it as a spectrum. Negligence is about failing to act with ordinary care. Gross negligence is more serious — it’s when someone shows a reckless and conscious disregard for the safety of others. Gross Negligence can lead to more severe legal consequences such as punitive damages, due to the perceived egregiousness of the act.

Common real-life examples of negligence.

1. Car accident: A driver texts while driving or runs a red light and causes a crash. Failing to follow traffic laws or drive attentively is one of the most common forms of negligence.

2. Slip and fall incidents: A store fails to clean up a spill or post warning signs, and a customer slips and gets hurt. Businesses have a duty to keep their premises reasonably safe for visitors.

3. Negligent hiring or supervision:  An employer hires someone without doing a proper background check, or fails to supervise an employee who then harms someone. Businesses must take reasonable steps to ensure their employees are safe and competent.

4. Unsafe property conditions: A homeowner knows there’s a broken step or exposed wiring and doesn’t fix it or warn guests. Property owners have a responsibility to maintain safe conditions for anyone legally on the property.

5. Product liability: A company releases a product with a known safety issue or fails to include proper warnings, leading to injury. Manufacturers must take reasonable care in the design, production, and labeling of their products.

What can individuals or organizations do to avoid negligence?

It starts with awareness. Pay attention. Whether you’re running a business or just going about your day, take reasonable steps to prevent harm. For businesses, that means being aware of the standard of care expected in your industry — know the rules, follow best practices and make sure your team is trained and supported to do the same. For individuals, it’s about understanding your everyday obligations: drive responsibly, keep your property safe, and be mindful of how your actions could affect others.

At the end of the day, negligence is often preventable, and being proactive is always better than being reactive.

Editor’s note: Cristina Perez Hesano is founding partner of Perez Law Group, PLLC in Glendale. Please send your comments to AzOpinions@iniusa.org. We are committed to publishing a wide variety of reader opinions, as long as they meet our Civility Guidelines.