21.15.2 Imputation of Contributory Negligence.

• Jurisdiction: Arizona

21.15.2 Imputation of Contributory Negligence. Under certain circumstances, the contributory negligence of one person may be attributed to another. For example, in a wrongful death action, the contributory negligence of the decedent is imputed to the statutory plaintiff.⁵¹⁹ In survival actions, the negligence of the decedent is similarly imputed to his estate.⁵²⁰ The contributory negligence of an agent is imputed to his principal.⁵²¹ The contributory negligence of one joint venturer is imputed to the other joint venturers based on an equal right of control of the enterprise.⁵²² While it was formerly the law, the contributory negligence of one spouse is no longer imputed to the other spouse.⁵²³

The negligence of a person operating a car on a learner’s permit is not imputed to the person supervising the learner for contributory negligence purposes or for primary negligence purposes.⁵²⁴ The supervisor may, however, be negligent in his own right for failing to properly supervise the student.⁵²⁵ Before the contributory negligence of one can be imputed to another, the actor must be capable of being contributorily negligent.⁵²⁶

Generally speaking, the negligence of a parent is not imputed to an injured child. A child who is a...