Negligence in Arizona
State-specific overview · Tort Law
Arizona applies comparative negligence with a 50% bar rule, preventing recovery if plaintiff's negligence equals or exceeds defendant's negligence.
How Arizona treats Negligence
Arizona courts evaluate negligence using the reasonable person standard and apply comparative negligence principles. A plaintiff cannot recover if their negligence is as great as or greater than the negligence of the defendant they are suing. If the plaintiff is 49% at fault and the defendant 51% at fault, the plaintiff can recover 51% of their damages. Arizona also recognizes the doctrine of assumption of risk in certain contexts, though it has been limited in recent years.
The general definition of Negligence
Failure to exercise reasonable care that results in harm to another person.
Negligence is a legal concept in civil law (not criminal) that holds people responsible for careless behavior. To prove negligence, you must show four things: the defendant had a duty to be careful, they breached that duty, their breach caused your injury, and you suffered actual damages. Negligence doesn't require intent to harm—it's about failing to act as a reasonably careful person would in similar circumstances. Victims of negligence can sue for compensation to cover medical bills, lost wages, and pain and suffering.
Read the full 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.