29.2 History of Actions for Wrongful Death in Arizona

• Jurisdiction: Arizona

29.2 History of Actions for Wrongful Death in Arizona. Historically under the common law, a cause of action for tortious harm expired with the passing of the tort victim. When the tortfeasor actually caused the death of another, neither the victim’s estate nor his or her family had any remedy. In the mid-nineteenth century most Anglo-American jurisdictions passed laws to address this inequity. Arizona’s first wrongful death statute was enacted in 1887² and essentially followed the format of Lord Campbell’s Act.³ The action for wrongful death was brought for and on behalf of the next of kin of the decedent, and the plaintiff had thus to prove their relationship and their individual damages.⁴ In 1901, the Territorial Legislature amended the statute to change the nature of the wrongful death action.⁵ The action now had to be brought by the personal representative of the decedent’s estate, with the damages recoverable then distributed to his or her heirs as assets of the estate. The 1901 Act was subsequently adopted following statehood with minor modifications in 1913⁶ and further insignificantly amended in 1928⁷ and 1939,⁸ except that the remedies were not as limited after the adoption of the Arizona Constitution.

In 1956, the wrongful death statute was again amended,⁹ this time substantially. The wrongful death action could now be brought by the decedent’s...