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Local judge Gerald A. Williams explains negligence. 20 || 85085MAGAZINE.com || APRIL 2018
“I DIDN’T intend to do that. It was an accident.” What is one thing both of those statements have in common? Neither is a defense to negligence. Negligence is the failure to act as a reasonable person would have in the same or similar circumstances. Intent generally has nothing to do with negligence. Instead, the focus is on whether the conduct was reasonable. If you are serving on a jury in a negligence case in Arizona, you’ll likely receive the following jury instruction: “Negligence is the failure to use reasonable care. Negligence may consist of action or inaction. Negligence is the failure to act as a reasonably careful person would act under the circumstances.” For example, nobody plans on being in
JUDGE GERALD A. WILLIAMS The justice of the peace for the North Valley Justice Court. The court’s jurisdiction includes Anthem and Desert Hills.