Personal Injury Laws in Arizona

Personal Injury Law in Arizona: Overview

Arizona follows a pure comparative fault system, meaning injured plaintiffs can recover damages regardless of their percentage of fault, with the award reduced proportionally. The state has a two-year statute of limitations for most personal injury claims. Notably, Arizona does not impose any statutory caps on compensatory or non-economic damages in personal injury cases, as the Arizona Constitution prohibits the legislature from limiting the amount recoverable for injuries. Arizona is a fault-based auto insurance state, and the at-fault party is responsible for paying damages. The state has specific rules regarding governmental immunity, dog bite strict liability, and premises liability. Arizona's active construction and tourism industries contribute to a significant number of workplace injury and premises liability claims.

Key Statutes & Deadlines

Constitutional Prohibition on Damage Caps

Arizona's Constitution contains a provision that explicitly prohibits the legislature from enacting laws that limit the amount of damages recoverable for personal injuries or wrongful death. Article 2, Section 31 states that no law shall be enacted limiting the amount of damages to be recovered for causing the death or injury of any person. This makes Arizona one of the most plaintiff-friendly states in terms of damage recovery, as there are no caps on economic, non-economic, or punitive damages. Any legislative attempt to impose damage caps would be unconstitutional under this provision.

Strict Liability for Dog Bites

Arizona imposes strict liability on dog owners for bite injuries regardless of whether the owner knew or should have known the dog was dangerous. Under Ariz. Rev. Stat. § 11-1025, the owner is liable for damages suffered by any person bitten by the dog while in a public place or lawfully in a private place. There is no "one-bite rule" in Arizona. The statute of limitations for dog bite claims is one year, shorter than the standard two-year period for other personal injury claims. Comparative fault principles still apply, so a plaintiff's damages may be reduced if they provoked the animal.

Governmental Immunity and Notice Requirements

Claims against Arizona government entities are subject to specific notice requirements and limitations under the Arizona Tort Claims Act. A claimant must file a notice of claim with the governmental entity within 180 days of the date the cause of action accrues. Failure to provide timely notice will bar the claim. Governmental entities and their employees may also be protected by qualified immunity for discretionary acts performed in the scope of employment. Damages against governmental entities are not subject to statutory caps, consistent with the constitutional prohibition on damage limitations.

Arizona Court System

Personal injury cases in Arizona are filed in the Superior Court, which is the state's court of general jurisdiction with divisions in each of Arizona's 15 counties. Maricopa County (Phoenix) and Pima County (Tucson) handle the majority of personal injury filings. Justice Courts handle civil matters up to $10,000, and Municipal Courts handle traffic-related matters. Appeals from Superior Court go to the Arizona Court of Appeals, which has two divisions, and further appeals can be taken to the Arizona Supreme Court. Jury trials are available in personal injury cases with juries of 8 members in civil cases. Arizona also has a mandatory arbitration program for cases involving amounts under $50,000 in most counties.

Damages & Penalties

Arizona allows full recovery of economic damages including medical expenses, lost wages, loss of earning capacity, and future medical costs without any caps. Non-economic damages such as pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium are also fully recoverable without caps due to the constitutional prohibition. Punitive damages are available in cases where the defendant's conduct was willful, wanton, or grossly negligent, and there is no statutory cap on punitive damages. Arizona follows the collateral source rule, preventing the reduction of damages based on payments received from insurance or other sources. Pre-judgment interest is available at 10% per annum on liquidated claims. Arizona also recognizes the "eggshell plaintiff" rule, holding defendants liable for the full extent of injuries even if the plaintiff had a pre-existing condition.

Recent Legislative Changes

Arizona has seen increased litigation around rideshare liability and autonomous vehicle accidents given the state's permissive approach to autonomous vehicle testing. Recent court decisions have addressed the scope of employer liability under respondeat superior in the gig economy context and the application of comparative fault in multi-vehicle accidents.

Frequently Asked Questions