Arizona Personal Injury Laws: Deadlines to Sue, Fault Rules and Damage Caps

A personal injury lawsuit must be filed within two years after the cause of action accrues. Claims for false imprisonment, libel or slander have one year. For someone under 18 or of unsound mind when the claim accrues, the time generally does not run until the disability ends.

A lawsuit for trespass causing injury to another's property, or for taking, detaining or converting personal property, must be filed within two years after the cause of action accrues.

Medical malpractice claims must be filed within two years after the cause of action accrues; the statute expressly includes medical malpractice in the two-year personal injury period. No separate outer limit (statute of repose) for malpractice appears in this section.

A wrongful death lawsuit must be filed within two years; the claim is treated as accruing at the date of death.

The action may be brought by the surviving spouse, a child, a parent or guardian, or the personal representative, on behalf of the surviving spouse, children or parents (or the estate if none of them survive). Either parent may sue for the death of a child. The recovery is divided among those family members in proportion to their damages. A person convicted of certain homicide or child-abuse offenses involving the death is disqualified.

Pure comparative negligence. If the jury finds the injured person was partly at fault, the claim is not barred, but damages are reduced in proportion to that person's share of fault. A claimant who intentionally, willfully or wantonly caused or contributed to the injury does not get the benefit of comparative negligence.

None. Arizona's Constitution says no law may limit the amount of damages for causing the death or injury of any person, and that the amount recovered for injuries is not subject to any statutory limitation. The only exception stated is that a crime victim cannot be sued by a person hurt while committing, attempting or fleeing a felony.

None. The constitutional ban on laws limiting damages for death or injury applies to medical malpractice cases as well.

Before suing a public entity, public school or public employee, a person must file a written claim with the person authorized to accept service within 180 days after the claim accrues, with enough facts to explain the basis of liability and a specific settlement amount with supporting facts. A late claim is barred. The claim is deemed denied after 60 days. The lawsuit itself must be filed within one year after the claim accrues. Minors and incompetent persons may file within 180 days after the disability ends.

Strict liability. A dog owner is liable for damages when the dog bites a person who is in a public place or lawfully in a private place (including the owner's property), regardless of whether the dog was known to be vicious. The owner or caretaker must give the bitten person the owner's contact information. A dog's breed may not be considered in deciding liability. There are limited exceptions for police and military dogs.

For policies issued or renewed on or after July 1, 2020, minimum liability limits are $25,000 for injury or death of one person, $50,000 for injury or death of two or more people in one accident, and $15,000 for property damage (25/50/15).

A driver in a crash that injures or kills someone must notify police immediately, by the quickest means available (oral or written): the local police department if inside a city or town, the county sheriff, or the nearest highway patrol office.

Arizona's written crash report is completed by the investigating officer. Officers must complete a full written report for crashes with injury, death, a citation, or property damage over $2,000 (a shorter partial report for $2,000 or less), within 24 hours after finishing the investigation, and the agency forwards a copy to the Arizona Department of Transportation.

A driver in a crash on public or private property must stop at or as close to the scene as possible, stay until giving name, address and vehicle registration number, show a driver license on request, and give reasonable help to anyone hurt (including arranging transport for medical treatment). Hitting an unattended vehicle requires stopping and finding the owner or leaving a written note. Failing to stop after a crash causing death or serious injury is a class 3 felony (class 2 if the driver caused the crash); after other injury, a class 5 felony; after damage only to an attended vehicle, a class 1 misdemeanor. Failing to give aid is a class 6 felony.

Claims against a city, county, school or other public entity (a fall on public property, for example): a notice of claim must be filed with the person authorized to accept service for the public entity within 180 days after the cause of action accrues. It must state facts showing the basis of liability and a specific amount for which the claim can be settled, with facts supporting that amount; a late claim is barred. The claim is deemed denied 60 days after filing unless the claimant is told of a denial in writing sooner, and the lawsuit must be brought within one year after the cause of action accrues. The same law covers state and local public entities; the sections read set no damage cap.

Landowners who open land for free recreation: an owner, easement holder, lessee, tenant, manager or occupant of premises is not liable to a recreational or educational user unless the user proves willful, malicious or grossly negligent conduct (knowing or reckless indifference to safety) that directly caused the injury. A recreational user is someone allowed onto the premises without paying an admission fee or other consideration; buying a state hunting or fishing license, an off-highway vehicle indicia or a state trust land recreational permit, or a nominal fee charged by a public entity or nonprofit to offset costs, does not count as consideration. Owners are also not liable for unknown conditions, and posting warning signs does not by itself create liability. The protection does not limit attractive-nuisance liability (except for certain dams, canals and ditches).

Motorcycle helmets: Arizona requires motorcycle operators and passengers under 18 to wear a properly secured protective helmet; riders 18 and older are not required to wear one. Operators must wear approved glasses, goggles or a face shield unless the motorcycle has a protective windshield. An adult operator may be cited if a passenger under 18 is not wearing a helmet. The statute does not address damages.

Lane splitting and filtering: Arizona generally bans riding a motorcycle between lanes of traffic or between rows of vehicles and passing in the same lane as the vehicle being passed. A limited exception allows a two-wheeled motorcycle to pass a stopped vehicle in the same lane (lane filtering) if it is safe, the street has at least two adjacent lanes in the same direction, the speed limit is 45 mph or less, and the motorcycle travels 15 mph or less. Police officers on duty are exempt.

Pedestrian right of way: where traffic signals are not in place or not working, drivers must yield (slowing or stopping if needed) to a pedestrian in a crosswalk who is on the driver's half of the road or approaching closely from the other half, and may not pass a vehicle stopped at a marked or unmarked crosswalk to let a pedestrian cross. A pedestrian may not suddenly leave a curb into the path of a vehicle too close to yield. A pedestrian crossing anywhere other than a marked crosswalk or an unmarked crosswalk at an intersection must yield to all vehicles, and between adjacent intersections with working traffic signals may cross only in a marked crosswalk.

Bicycles: a person riding a bicycle on a roadway or shoulder has all the rights and duties of a vehicle driver, except where special bicycle rules apply. A driver passing a bicycle must keep at least three feet of distance until safely past; if a violation causes a collision with serious physical injury the civil penalty is up to $500, and up to $1,000 if it causes death. Cyclists slower than traffic must ride as close as practicable to the right edge (with exceptions for passing, left turns, hazards and lanes too narrow to share) and no more than two abreast; vehicles may not drive or park in a designated bike lane except in an emergency or to cross it. The sections read do not set a bicycle helmet requirement.

Uber/Lyft insurance: while a transportation network company (TNC) driver is logged on to the app but not providing services, the driver, the TNC or both must provide primary liability insurance of $25,000 for injury or death of one person, $50,000 for two or more persons, and $20,000 for property damage per accident. While providing transportation network services, they must maintain primary commercial liability insurance of at least $250,000 per incident, or at least $1,000,000 per incident when a passenger is in the vehicle, plus primary commercial uninsured motorist coverage of the greater of $25,000 per person and $75,000 per incident or the state minimum liability limits.

Construction injuries: under Arizona's workers' comp law, workers' compensation is the exclusive remedy against the employer, co-employees and the employer's comp insurer for a work injury, unless the injury was caused by the employer's or co-employee's willful misconduct (an act done knowingly and purposely with the direct object of injuring another). The worker may also sue a negligent or wrongful third party who is not in the same employ, such as another contractor or an equipment maker, subject to the insurer's lien.