Arizona Jury Instruction - 1.1 Comparative Negligence Defense
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FAQ
Arizona imposes a few requirements on plaintiffs attempting to prove negligence per se, however. Violation of a law only serves as proof of negligence if: The law must be enacted for the protection and safety of the public; and. The law expresses rules of conduct in specific and concrete terms.
Arizona is a ?Comparative Negligence? state: 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.
Under the pure comparative negligence rule, the state allows the plaintiff to claim damages for the 1% they are not at fault even when they are 99% at fault. In other words, the amount of damages that the plaintiff can collect is limited based on the assigned fault determined by the court.
Under Arizona's comparative negligence laws, an injured party is allowed to recover even if they are 99% at fault. The plaintiff's monetary damages are then reduced by the amount for which they are at fault.
Negligence is usually defined as a person acting, or failing to act, in a certain way that causes harm to someone else. However, gross negligence is going to be much more serious. Gross negligence is typically defined as extreme indifference or recklessness and a disregard for the safety of others.
What Is Comparative Negligence? Comparative negligence is a principle of tort law that applies to casualty insurance in certain states. Comparative negligence states that when an accident occurs, the fault and/or negligence of each party involved is based upon their respective contributions to the accident.
You may award punitive damages only if you find that the defendant's conduct that harmed the plaintiff was malicious, oppressive or in reckless disregard of the plaintiff's rights. Conduct is malicious if it is accompanied by ill will, or spite, or if it is for the purpose of injuring the plaintiff.
Comparative Negligence For example, if a plaintiff's total damages are $100,000, and the plaintiff is 25% at fault, the plaintiff can recover $75,000 of the damages and will be responsible for $25,000. Even if the plaintiff is 99% responsible for the accident, he or she can recover 1% of the damages.