A.R.S. § 23-806: Comparative Negligence Rule
Contributory negligence or assumption of risk as question of fact; effect of comparative negligence on damages
How does comparative negligence work in Arizona workplace injury lawsuits?
In Arizona, in lawsuits under this article, the jury must always decide whether the employee was negligent or knowingly took on the risk, no matter what the evidence shows. An employee's own negligence does not bar recovery, but the jury reduces the damages in proportion to the employee's share of the negligence.
Full statute text
Official text last checked against azleg.gov:
23-806. Contributory negligence or assumption of risk as question of fact; effect of comparative negligence on damages
In actions brought under this article, the question of whether the employee was guilty of contributory negligence or assumed the risk is a question of fact and at all times, regardless of the state of the evidence relating thereto, shall be left to the jury. The fact that the employee was guilty of contributory negligence shall not bar a recovery, but the damages shall be diminished by the jury in proportion to the amount of negligence attributable to the employee.
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.