29.10 Comparative Fault

JurisdictionArizona

29.10 Comparative Fault. Arizona provides by statute that in the “trier of fact shall consider the fault of all persons who contributed to the alleged injury, death or damage to property.”64 This broad language applies to wrongful death claims just as it would to any other tort case involving fault; judges or juries must consider and allocate the potential fault of “all persons” including each defendant, any other party, and the decedent himself or herself.65


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Notes:

[64] A.R.S. § 12-2506.

[65] See,...

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