Arizona Tort Law

Tort refers to civil offenses that infringe on another person’s legal rights, often resulting in harm or damages to that person. 

While tort can be easily confused with personal injury, tort encompasses a broader range of civil offenses and is not limited to actions that have led to physical injuries, which is usually the case with personal injury.

In Arizona, motor vehicle accident cases comprise a significant number of tort lawsuits. Assault, defamation, false imprisonment, and medical malpractice are also among the common forms of tort within the state. 

Additionally, tort claims can be brought against the state, as seen in Etcitty v. State of Arizona, which awarded the plaintiff $3 million in damages. 

This article will provide an overview of the Grand Canyon State’s tort law and discuss relevant topics such as the statute of limitations for different cases, damage caps, and the process for mass torts.

Basic Tort Categories in Arizona

Negligent Torts

When an individual’s failure to act in a sensible way leads to another person’s injury or damage to their property, it can be said that the former’s actions fall under negligent torts. The following elements of negligence must be established by the plaintiff when pursuing a negligent tort claim:

1. The existence of a duty of care. Everyone has an obligation to act in a way that takes the well-being of others into consideration. For example, healthcare professionals have a duty to their patients to administer proper medical care. 

2. Breach of duty of care. This occurs when an individual neglects the duty of care they owe to others, such as when a healthcare professional prescribes the wrong drug dosage to their patient.

3. Causation. The individual’s breach of duty of care is the cause of another person’s injuries. This is the case when a healthcare provider’s erroneous prescription causes an adverse drug reaction in their patient.

4. Damages. This refers to things that the court can compensate the plaintiff for. A patient who suffers from an adverse drug reaction can be compensated for any medical bills and additional treatment may incur.

Common examples of negligence torts include vehicular accidents, slip-and-fall incidents, and medical malpractice.

Intentional Torts

Intentional torts refer to deliberate acts carried out by individuals who know that their actions will harm another person. Some cases that fall under this category can also be considered crimes. Assault, defamation, false imprisonment, fraud, trespassing, and invasion of privacy are all examples of intentional torts. 

Strict Liability Torts

If an individual had been taking proper precautions but still ended up causing harm to another person, then their situation falls under the strict liability tort. In other words, this type of tort claim applies even with a lack of negligence or intention to cause harm. Cases involving defective products and animal attacks are categorized as strict liability torts.

Other Tort Categories in Arizona

Economic Torts

Economic torts, more commonly known as business torts, refer to wrongful acts directed towards business entities that cause financial harm. 

This tort can be the result of negligence or deliberate action. Economic tort law exist to compensate individuals and businesses whose economic interests have been compromised due to a third party’s wrongful conduct.

This type of tort is litigated in civil courts. Common economic torts include:

• Theft of trade secrets. If an employee or someone working for a competitor leaks the trade secrets of a certain company, then that company may lose its competitive edge, resulting in financial losses.

• Business defamation. A company may suffer economic losses if its public image is tarnished by false claims.

• Breach of fiduciary duty. When an individual entrusted with company assets misappropriates those assets, then they are harming their company’s financial interests.

• Trademark infringement. This occurs when a third party tries to sell their products or services by taking advantage of another company’s trademark, which negatively impacts that company’s sales and possibly even its reputation if such products or services are found to be subpar.

• Restraint of trade. This refers to unlawful measures undertaken by a company that prevent a competitor from properly conducting business.

Nuisance Torts

Nuisance torts are filed under Arizona’s public nuisance laws. According to the law, an action can be considered a violation if it yields one of the following outcomes:

• Health injuries. For example, neglecting to fix a leaking pipe on the lawn, thus creating slippery sidewalk conditions that can injure pedestrians.

• Indecency. Performing lewd or obscene acts in public spaces.

• Obstruction to the senses. Bright or distracting lights fall into this category.

• Obstruction of free passage. An example would be a car improperly parked on a public street.

• Distribution of obscene material. Materials deemed obscene must not be distributed in any manner within 2,000 feet of public parks, schools, and private residences.

Tort vs. Crime in Arizona

In Arizona, tort law is not codified, which means that damages paid to the victim are decided by the court on a case-by-case basis. 

On the other hand, the Grand Canyon State’s criminal code provides a more specific guideline on how damages should be paid. The differences between tort and crime have been summarized in the table below:

Mass Torts in Arizona

Mass tort claims allow multiple victims to join forces in pursuing legal action against a common defendant responsible for their injuries. It usually involves negligence with consumer products, pharmaceutical drugs, or medical devices. 

Victims of toxic contamination, such as members of a community living in the proximity of a factory releasing noxious gases, can file a mass tort claim.

There are several advantages to pursuing mass tort lawsuits. As the cases tend to be consolidated, individual plaintiffs benefit from reduced costs. A mass tort lawsuit also eliminates the redundancy of separate investigation efforts. 

The strength in numbers also increases the chances of a successful lawsuit as a pattern of the defendant’s negligence becomes more apparent.

Mass Torts vs. Class Actions

Mass torts share some similarities with class actions, with the most obvious one being the presence of multiple plaintiffs. However, while mass torts tend to be smaller than class actions, they typically take a longer time to resolve. 

This is because each plaintiff in a mass tort is still treated individually, despite being part of a group. This means the amount of compensation will also vary according to the extent of damages suffered by each victim.

On the other hand, class actions treat plaintiffs as a single class. The entire class is considered one entity, and the settlement awarded for a successful class action is distributed among all plaintiffs. 

Although class actions tend to be resolved faster, they do not provide plaintiffs with much room to negotiate their settlements.

The Mass Tort Process

Plaintiffs who wish to pursue a mass tort action can initiate the process by consulting with a mass tort attorney, who will look into other cases similar to the plaintiff’s or refer them to an ongoing mass tort. 

The legal team for a mass tort must conduct extensive investigations that can take a considerable amount of time, as additional information may come to light from more recent reports.

Once sufficient evidence has been collected, the legal team can proceed with filing a mass tort claim or joining an ongoing multidistrict litigation. An MDL allows a federal judge to hear multiple cases for the same tort that may have been filed in different jurisdictions.

A plaintiff’s case may also be selected for participation in bellwether trials, which act as test cases intended to represent all other cases in the mass tort. 

The outcome of bellwether trials gives both sides in litigation an idea of how the rest of the cases may go once they go to trial. The results also help legal teams negotiate settlements for the remaining plaintiffs.

Arizona Tort Liability Insurance Requirements

Businesses in Arizona are required to carry commercial auto insurance for the vehicles they own. The minimum requirements are currently set at:

• $25,000 per person in bodily injury liability.

• $50,000 per accident in bodily injury liability.

• $15,000 per accident in property damage liability.

For trucking companies operating intrastate, the minimum requirements depend on the type of freight being transported:

• $7,400 for non-hazardous freight under 10,001 lbs.

• $10,800 for non-hazardous freight over 10,001 lbs.

• $14,800 for oil.

• $1,500,000 for other hazardous materials.

State law also requires businesses with at least one full-time or part-time employee to carry workers’ compensation insurance. 

The Statute of Limitations for Tort Cases in Arizona

For torts involving personal injury cases, Arizona gives victims two years to file a lawsuit. 

Legal actions against public employees or entities must be brought forward within a year after the victim realizes that they have been harmed, but a claim must be filed within 180 days. 

If the victim is a minor, then the statute of limitations is tolled until they turn 18 years old. 

For civil actions arising out of criminal conduct, the statute of limitations is automatically extended by a year following the final disposition of the criminal case, regardless of the outcome.

The Grand Canyon State does not have a specific statute of limitations for mass torts, although it generally follows the same time limit for individual cases. 

In other words, a regular and a mass tort lawsuit for defective products would have the same statute of limitations.

How Much Can Someone Sue in a Tort Case in Arizona?

Arizona is among the five states that forbid damage caps when it comes to general tort claims. This provision is included in the state’s constitution, which is why tort reforms that aim to place caps on damages have been unsuccessful in the Grand Canyon State. Tort victims can recover the following compensatory damages:

• Past and future medical expenses.

• Lost wages and loss of future earning capacity.

• Property repairs, replacement, or renovation.

• Disfigurement and scarring.

• Pain and suffering.

• Loss of consortium and enjoyment of life.

For cases involving negligence, the state follows the pure comparative negligence doctrine. Under this system, a plaintiff can still recover damages even if the court has found them 99% at fault for their injuries. 

Punitive damages can also be awarded in certain situations, but not when the defendant is a public employee or a government entity. 

On the other hand, the amount of settlement in mass torts can be influenced by factors such as the settlement matrix used and the size of the plaintiff group. 

For instance, during a bellwether trial in 2018 for a lawsuit involving IVC filters manufactured by Bard, a woman from Arizona was awarded $3.6 million in damages by the federal jury. Following that verdict, the manufacturer entered into negotiations with more than 8,000 plaintiffs for confidential settlement amounts.

Other Legal Remedies in Tort Cases in Arizona

Aside from recovering damages, tort victims in Arizona may also apply for an injunction, usually in the form of an order of protection or an injunction against harassment. 

While both serve the same function, the former is only available to victims who have a close relationship with the person they want to file the order against.

There are also cases where a victim may not have the resources to pursue a civil lawsuit, making it difficult for them to negotiate compensation. 

However, if the defendant has been found guilty by the court for a crime related to the victim’s injuries, then the victim may receive restitution in accordance with the verdict of the criminal court. 

Legal Resources for Tort Victims in Arizona

Community Legal Services

Community Legal Services has been providing civil legal aid to Arizona locals since 1952. It handles a wide range of cases that touch on various areas of law, including family law, employment law, and consumer protection. CLS helps victims of domestic abuse, workplace harassment, and defective products by educating them about their rights. CLS has also partnered with the Maricopa County Bar Association to facilitate the Volunteer Lawyers Program, which makes it easier for victims to find a pro bono lawyer who can handle their case.

Arizona Voice for Crime Victims

Established in 1996, Arizona Voice for Crime Victims was the first pro bono clinic within the Grand Canyon State that specifically served crime victims. Since then, it has been protecting and fighting for victims’ constitutional rights. AVCV has partnered with the National Crime Victim Law Institute for its Tribal Project, which specifically caters to members of any of the 22 federally recognized tribes within the state. Its services are available to all victims, regardless of the crime involved. AVCV can be reached at their number, 480-600-2661.

Southern Arizona Legal Aid

Southern Arizona Legal Aid is a nonprofit, public-interest law firm founded in 1951. It provides civil legal aid to low-income citizens in 9 out of 15 counties in Arizona and 11 out of 21 Native American communities within the state. SALA handles cases involving consumer protection, family law, eviction prevention, and immigration. You can reach them by calling their telephone number, 520-623-9461, or their toll-free hotline, 1-800-248-6789. You can also apply for their services online.

AZLawHelp.org

AZLawHelp.org is a project of the Arizona Bar Foundation run in partnership with other pro bono initiatives within the state. Its website is rich in resources covering a range of legal topics, including criminal law, health and disability, protection from abuse, and Native American issues. It also offers free or reduced-fee legal assistance to eligible citizens. You can call 866-637-5341 for inquiries or submit an application for legal aid on their website.