A.R.S. § 12-2505: Comparative Negligence
Comparative negligence; definition
Does Arizona reduce damages for a plaintiff's own negligence?
In Arizona, contributory negligence and assumption of risk are questions of fact for the jury, which reduces the claimant's damages in proportion to their own fault rather than barring the claim entirely, except when the claimant intentionally, willfully, or wantonly caused the injury.
People also ask
Full statute text
Official text last checked against azleg.gov:
12-2505. Comparative negligence; definition
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. If the jury applies either defense, the claimant's action is not barred, but the full damages shall be reduced in proportion to the relative degree of the claimant's fault which is a proximate cause of the injury or death, if any. There is no right to comparative negligence in favor of any claimant who has intentionally, wilfully or wantonly caused or contributed to the injury or wrongful death.
B. In this section, "claimant's fault" includes the fault imputed or attributed to a claimant by operation of law, if any.
Drafted by AI from the official text and checked sentence by sentence against azleg.gov. ClearStatute is run by David Bartlett, who is not an attorney. Legal information, not legal advice — consult a licensed attorney for your situation.