Bill Text: AZ HB2545 | 2012 | Fiftieth Legislature 2nd Regular | Introduced

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Bill Title: Civil actions; comparative negligence

Spectrum: Partisan Bill (Republican 4-0)

Status: (Failed) 2012-02-16 - House JUD Committee action: Discussed and Held [HB2545 Detail]

Download: Arizona-2012-HB2545-Introduced.html

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REFERENCE TITLE: civil actions; comparative negligence

 

 

 

State of Arizona

House of Representatives

Fiftieth Legislature

Second Regular Session

2012

 

 

HB 2545

 

Introduced by

Representatives Vogt: Gray R, Proud, Senator Driggs

 

 

AN ACT

 

amending section 12-2505, Arizona Revised Statutes; relating to comparative negligence.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 12-2505, Arizona Revised Statutes, is amended to read:

START_STATUTE12-2505.  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. In an action for personal injury, property damage or wrongful death, the liability of the person who caused the injury shall be allocated to each person in direct proportion to that person's percentage of fault.  If the percentage of fault that is chargeable to the claimant exceeds the aggregate fault of all of the defendants and nonparties, the claimant may be barred by the finder of fact from recovering any damages. If the percentage of fault that is chargeable to the claimant is equal to or less than the aggregate fault of all of the defendants and nonparties, the claimant may recover damages, except that the claimant's recovery of damages will be reduced in proportion to the percentage of fault that was charged to the claimant.  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 percentage of fault" includes the fault imputed or attributed to a claimant by operation of law, if any. END_STATUTE