Gipson v. Kasey

¶ 33 The Court correctly applies our precedents in determining that Kasey owed Folio-will a duty of care. I write briefly to suggest that our analysis of duty might be aided in the future by adopting a different conceptual approach.

¶ 34 The Court’s analysis today and in our prior cases largely centers on determining whether we should impose a duty on the particular defendant before us. But, as the Court notes, Op. ¶ 24 n. 4, under the common law “every person is under a duty to avoid creating situations which pose an unreasonable risk of harm to others.” Ontiveros v. Borak, 136 Ariz. 500,…