Arizona follows a pure comparative negligence theory. This means that an injured person can recover damages even if they were partially at fault for the accident. However, their compensation will be reduced in proportion to their degree of fault. For example, if a jury finds that a plaintiff was 30% at fault for their injuries, their damages will be reduced by 30%.
Understanding Negligence Theories
Most personal injury cases hinge on establishing negligence. Negligence occurs when someone fails to exercise reasonable care, causing harm to another person. There are several ways states handle negligence when multiple parties share responsibility:
- Contributory Negligence: This strict system prevents any recovery for the injured party if they are even slightly at fault.
- Pure Comparative Negligence: Allows recovery even if the injured party is mostly at fault, but reduces damages proportionally.
- Modified Comparative Negligence: Allows recovery only if the injured party’s fault falls below a certain threshold, usually 50% or 51%. Damages are reduced proportionally if the threshold is met.
Arizona’s Pure Comparative Negligence Law
Arizona Revised Statutes Section 12-2505 outlines the state’s pure comparative negligence rule. This statute clarifies that a plaintiff’s contributory negligence does not automatically disqualify them from receiving compensation. Instead, the court calculates the total damages and then reduces this amount based on the plaintiff’s percentage of fault.
Importantly, there’s an exception: comparative negligence does not apply if the plaintiff acted intentionally, willfully, or wantonly in causing the injury or death. In such cases, recovery may be barred entirely.
Practical Implications of Arizona’s Negligence Law
Arizona’s pure comparative negligence system aims to distribute responsibility fairly. It acknowledges that accidents often result from multiple factors and contributions. Even if a plaintiff made a mistake, they can still seek compensation for damages caused by another party’s negligence.
However, it’s crucial to understand that the amount recovered will be directly impacted by the plaintiff’s degree of fault. This highlights the importance of gathering evidence and building a strong case to minimize the assigned percentage of fault.
Seeking Legal Counsel
If you’ve been injured in an accident in Arizona, consulting with a personal injury lawyer is crucial. An attorney can analyze the specifics of your case, explain how Arizona’s comparative negligence law applies, and help you pursue the maximum possible compensation. They can investigate the accident, gather evidence, and negotiate with insurance companies on your behalf. A lawyer can also represent you in court if necessary.
