Contributory Negligence in Arizona
State-specific overview · Tort Law
Arizona uses comparative negligence: plaintiffs recover reduced damages if less than 50% at fault.
How Arizona treats Contributory Negligence
Arizona follows a modified comparative negligence rule under which a plaintiff recovers damages only if their negligence is less than the negligence of the defendant(s) against whom recovery is sought. The plaintiff's recovery is reduced by their percentage of fault. If a plaintiff is 50% or more at fault, they cannot recover. This rule applies in both negligence and strict liability contexts.
The general definition of Contributory Negligence
A plaintiff's own carelessness that partially caused their injury, reducing their recovery.
When someone gets hurt, the court looks at whether the injured person also acted carelessly and contributed to their own harm. If they did, their financial award gets reduced by the percentage they're responsible for. For example, if you're hit by a car while jaywalking, you might be found 20% at fault, so your damages would be cut by that amount. This rule exists because the law thinks people should take reasonable care for their own safety too.
Read the full Contributory Negligence entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Arizona.