How does comparative fault work in Arizona?

1. Negligence Elements. Arizona negligence requires duty, breach, causation, and damages (Gipson v. Kasey, 214 Ariz. 141). Duty depends on relationship or public policy considerations, not foreseeability under Gipson.

2. Comparative Fault Regime. A.R.S. § 12-2505(A): "The defense of contributory negligence or of assumption of risk is in all cases a question of fact and shall at all times be left to the jury." Combined with § 12-2505(A)'s rule that fault reduces but does not bar recovery, Arizona is pure comparative. Unlike most states, the Arizona Constitution Art. 18 § 5 mandates that contributory negligence "shall, in all cases whatsoever, be a question of fact."

3. Joint and Several Liability. A.R.S. § 12-2506 abolished J&S except: (1) parties acting in concert, (2) agent acting within scope, and (3) hazardous waste under § 49-285. Each defendant is severally liable for its percentage of fault. Section 12-2506(B) requires fault to be allocated to "nonparties at fault" if timely identified.

4. Last Clear Chance / Sudden Emergency. Last clear chance subsumed. Sudden emergency persists as RAJI (Civil) 5th Personal Injury 9.

5. Settling Tortfeasors. A.R.S. § 12-2504 — release of one tortfeasor reduces claim by greater of consideration paid or fault attributed.

6. Statute of Repose vs SOL. Personal injury SOL is 2 years (A.R.S. § 12-542). Med-mal is 2 years (§ 12-542). Construction repose is 8 years (§ 12-552). Product liability has no statutory repose; UCC warranty 4 years.

7. Caps. Arizona Constitution Art. 2 § 31 prohibits caps on damages for death or personal injury. No statutory noneconomic caps are enforceable in personal injury or wrongful death.

8. Wrongful Death Comparative. A.R.S. § 12-611 wrongful death applies § 12-2505; decedent's fault reduces recovery.

9. Worker Injuries. A.R.S. § 23-1022 WC exclusivity (with election to reject coverage and sue). Third-party suits apply § 12-2505 and § 12-2506.

This is legal information, not legal advice.