Arizona Liability Laws: Who’s Responsible & How to Prove It

If you’re liable for something happening—like a car accident, for instance—that generally means you’re legally responsible for the incident. If that car accident causes someone else to suffer injuries or property damage, then that person, the victim, has suffered losses and deserves to be compensated for those losses.

Those statements represent the central legal concept of liability. However, determining which party is liable for a certain act and how much the liable party owes the victim can become fairly complicated. Consider this post a guide to the important parts of Arizona’s liability laws—we’ll touch on anything you might need to know if you ever get wrapped up in a personal injury case.

What Are Liability Laws in Arizona?

Liability laws in Arizona are, simply, laws that affect how liability (responsibility) for a civil tort or criminal act gets determined and ways for a victim to get justice. This post will focus on civil torts, which are non-criminal (but nevertheless wrongful) acts that cause harm to someone or their property.

One of the most important Arizona liability laws is the law establishing the state as a comparative negligence state. Comparative negligence means that claimants (plaintiffs who are hoping to recover damages in a personal injury case) can still recover damages (compensation) if they are partially at fault for the injury-causing accident. For more examples of liability cases, see the real-world testimonies on Thompson Law’s results page.

Types of Liability Laws in Arizona

The issue of fault in a civil tort can become even murkier depending on the type of incident. Exactly where an incident or accident happens may also factor into determining fault. Below are some common types of personal injury cases and relevant laws.

Premises Liability

Premises liability laws in Arizona have to do with the duty of care owed by a property’s owner, possessor, manager, lessee, or whomever else is charged with the property’s general upkeep. If you go on someone else’s property and suffer some kind of injury, premises liability statutes aim to determine the level of responsibility this other person had toward your well-being. Determining the level of responsibility (duty of care) is essential for determining damages the victim is owed.

The first step in determining the liability of a property owner is, generally, determining the status of the person who got injured. The victims in Arizona premises liability cases fall into one of three categories:

• Invitees: Invitees are individuals who, while on someone else’s property, have the potential to benefit the property owner or manager. Invitees do not usually have to obtain special permission to enter the property. A shopper at a department store is an invitee.

Of the three categories, invitees, who are understood to have implied permission to be on properties, are entitled to the highest duty of care. Properties regularly open to invitees must be free of hazards. When a potential hazard becomes an actual hazard, managers must take prompt, reasonable steps to alert invitees and remedy it.

• Licensees: Licensees have a lot in common with invitees, but they are ultimately owed a less strict duty of care. In general, licensees must have express permission to be on someone else’s property. Someone usually becomes a licensee when they enter a property for social purposes; going to a friend’s house for a dinner party is a hypothetical example of a licensee visit.

The primary difference between invitees and licensees when it comes to duty of care is the need for regular inspections. Both invitees and licensees must be warned about hazards on the property. However, you don’t need to inspect your house every day for potential dangers when it comes to licensees.

• Trespassers: Trespassing is a crime. Therefore, property owners don’t owe trespassers much of an obligation to keep their place hazard-free. Owners aren’t generally allowed, however, to willfully create harm for any trespasser who might come onto their property. Booby traps, for instance, are generally not allowed on private property—even for protection against trespassers.

Additionally, property owners or managers must make trespassers aware of artificial conditions that:

• Trespassers are unlikely to discover and
• Carry risk of death or serious bodily injury.

Product Liability

Product liability cases hinge on injuries or property damage to consumers resulting from a faulty product or service. It can apply to retailers, manufacturers, and any other cog in the supply chain. Consumers may not be able to collect damages in product liability cases if they were not using a product for its intended use or not exercising reasonable care when using it.

A defect can arise in the design, manufacturing, or marketing phase. A marketing defect means consumers were not properly educated about a product’s potential dangers (think warning labels).

In some cases, product makers can be held responsible for defective products under the strict liability standard rather than the negligence standard. In strict liability cases, plaintiffs are not required to show that the defendant acted negligently—simply that they suffered injuries. In contrast, plaintiffs in negligence cases must show that the defendants breached their duty of care.

Vicarious Liability

Vicarious liability refers to instances when someone (or some entity) is liable for the actions of someone else. It may arise when an employee causes injuries to another person while on the job. Employers are generally responsible for vetting new hires and training them to use potentially dangerous equipment.

Parents may occasionally be held vicariously liable for their children’s actions. For example, a parent who authorizes their child to drive a car with the knowledge that the child does not have a driver’s license may be held vicariously liable if the child injures someone in a car accident.

Medical Liability

Medical malpractice cases involve a higher duty of care on defendants (medical providers), which might seem to already tilt the case in favor of plaintiffs. However, medical malpractice plaintiffs must have expert testimony supporting the merits of their case before they even file a lawsuit.

Those two conditions illustrate the unique nature of Arizona medical malpractice cases, which involve allegations that a doctor or medical provider has breached their professional standard of care, resulting in injury or illness to a plaintiff.

Here are three examples of medical malpractice:

• A surgeon performs a medical procedure on the wrong leg
• Multiple doctors miss an obvious lung malignancy (cancer) visible on a patient’s CT scan
• A nurse doesn’t double-check before ordering medication for an ICU patient and ends up choosing the wrong one
• A doctor performs an unauthorized procedure on a patient

Common Types of Injuries and Losses in Liability Cases

The injuries Arizonans may suffer due to another person’s negligence or wrongdoing depend highly on the type of accident. Serious car accidents can cause injuries like:

• Broken or fractured bones
• Whiplash, herniated spinal disc, or other spinal cord damage
• Organ punctures
• Traumatic brain injuries (TBIs)
• PTSD, anxiety, and other mental illnesses

Slip-and-fall accidents may also cause broken bones or traumatic brain injuries. Medical malpractice cases can result in a wide variety of maladies that, in severe cases, leave patients permanently disfigured or disabled. No matter what type of accident caused your physical injuries, you may experience losses related to:

• Medical expenses
• Lost wages
• Future earning capacity
• Pain and suffering
• Loss of consortium (companionship)
• Mental and emotional distress

Some personal injury cases, such as defamation, don’t involve physical injuries. For example, damage to a business owner’s good character resulting from false statements can result in loss of business revenue, excessive employee turnover, and loss of the company’s shareholder value.

Is Arizona a Liability State?

Yes, Arizona is a liability, or at-fault, state. At-fault states require the insurance policies of liable parties to pay for damages incurred by accident victims. For instance, an Arizona driver who causes a wreck must pay for the other driver’s damages (such as medical expenses, lost wages, and car repairs) from their own liability insurance.

Arizona requires licensed drivers to carry auto insurance with the following limits:

• $25,000 for bodily injury or death per accident victim
• $50,000 for cumulative bodily injury or death expenses per accident
• $15,000 for property damage per accident

How Does Comparative Fault Affect Liability Cases in Arizona?

Arizona uses a pure comparative negligence standard to determine fault in personal injury cases. That means claimants or plaintiffs can still recover damages from the majority at-fault party even if they were partially responsible for the accident.

Let’s pretend Driver A is tailgating Driver B on a two-lane road with two solid yellow lines in the median. Driver B suddenly slams on their brakes because they see a deer near the road and are worried it might wander into their lane. Driver A rear-ends Driver B, and Driver B submits an insurance claim.

The ensuing investigation reveals that Driver A shouldered most of the blame, as they were following Driver B at an unsafe distance. Driver B, however, erred in slamming on their brakes with no warning. Driver B suffered $50,000 worth of damages but was 25 percent at fault for the accident. As a result, Driver B gets $37,500, which is 75 percent of $50,000.

What Are the Crucial Elements in a Liability Claim in Arizona?

A successful Arizona liability case involves proving, upon a preponderance of the evidence, that the following elements exist:

1. Duty — The defendant owed the plaintiff a duty of care.
2. Breach — The defendant failed to live up to that duty of care.
3. Causation — The breached duty of care caused the plaintiff’s injuries.
4. Damages — The plaintiff suffered actual damages.

Who Determines Fault in Liability Cases?

The judge or jury determines fault, including the percentage for each defendant, of Arizona liability cases that go to court and reach the verdict stage. Some estimates suggest at least 90 percent of personal injury cases do not reach that stage because they get settled.

Many personal injury cases end with the plaintiff accepting a payout from the insurance company. You are under no obligation to accept the first offer, but your attorney may advise you that you are getting a fair amount. It’s up to you whether you want to accept, negotiate with the other party, or file a lawsuit.

Insurance adjusters investigate accidents and recommend an amount the insurance company (their employer) should pay in a covered loss. Personal injury attorneys can assemble a team to perform their own investigations if insurance companies operate in bad faith. The final decision-making authority, however, lies with a judge or jury in court.

What Is the Statute of Limitations for Liability Claims in Arizona?

The statute of limitations for most Arizona personal injury cases is two years from the date of the accident or, occasionally, whenever a plaintiff should have become aware of their potential claim (common in medical malpractice cases). You must file a lawsuit within the statute of limitations, or your case will almost certainly be dismissed.

Some notable exceptions to the two-year rule include:

• Wrongful death: The decedent’s family has two years to file a wrongful death claim from the date of death.

• Cases involving minors: The two-year statute of limitations doesn’t begin until the victim turns 18 in most cases.

• Fraud: The statute of limitations for fraud cases is three years.

• Defamation: Plaintiffs have one year to file a libel or slander lawsuit.

• Contract breach: The statute of limitations for breach of a written contract is six years; that window shrinks to three years for oral contracts.

• Cases against public entities: Plaintiffs often have only 180 days to file a liability claim against a government entity.

Contact Thompson Law Today

The aftermath of a liability case can be overwhelming. On top of your physical and mental recovery, you may be dealing with dwindling funds in your bank account. You deserve an experienced Arizona liability attorney—one with a proven track record.

Thompson Law features a cadre of zealous, skilled attorneys who will work tirelessly to get the compensation you deserve. We work on contingency, which means you don’t have to pay us anything unless we recover money for you first. Contact our team today for a free initial consultation.