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| Home > Statutes > Usa-Arizona |
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USA Statutes : arizona
Title : Courts and Civil Proceedings
Chapter : SPECIAL ACTIONS AND PROCEEDINGS BY INDIVIDUAL PERSONS
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12-601 Application; venue; judgment
A. When a person desires to change his name and to adopt another name, he may file
an application in the superior court in the county of his residence, setting forth
reasons for the change of name and the name he wishes to adopt. The court may enter
judgment that the adopted name of the party be substituted for the original name.
B. The parent, guardian ad litem or next friend of a minor may file an application
for change of the name of the minor in the county of the minor's residence. The court
shall consider the best interests of the child in determining whether to enter judgment
that the name of the minor be changed.
12-602 Notice of application; effect of change on rights and obligations
A. If upon the filing of the application for change of name the court deems it
proper that notice be given, it may order that notice of the application be given by
publication or by service upon any party interested.
B. The change of name shall not operate to release the person from any obligations
which he has incurred or is under by the original name, or defeat or destroy any rights
of property or action which he had in his original name.
12-611 Liability
When death of a person is caused by wrongful act, neglect or default, and the act,
neglect or default is such as would, if death had not ensued, have entitled the party
injured to maintain an action to recover damages in respect thereof, then, and in every
such case, the person who or the corporation which would have been liable if death had
not ensued shall be liable to an action for damages, notwithstanding the death of the
person injured, and although the death was caused under such circumstances as amount in
law to murder in the first or second degree or manslaughter.
12-612 Parties plaintiff; recovery; distribution
A. An action for wrongful death shall be brought by and in the name of the
surviving husband or wife, child, parent or guardian, or personal representative of the
deceased person for and on behalf of the surviving husband or wife, children or parents,
or if none of these survive, on behalf of the decedent's estate.
B. Either parent may maintain the action for the death of a child, and the guardian
may maintain the action for the death of the guardian's ward.
C. The amount recovered in an action for wrongful death shall be distributed to the
parties provided for in subsection A in proportion to their damages, and if recovery is
on behalf of the decedent's estate the amount shall be an asset of the estate.
D. For the purposes of subsection A, "personal representative" includes any person
to whom letters testamentary or of administration are granted by competent authority
under the laws of this or any other state. The personal representative may maintain the
action for wrongful death without the issuance of further letters or any other
requirement or authorization of law.
12-613 Measure of damages; nonliability for debts of decedent
In an action for wrongful death, the jury shall give such damages as it deems fair
and just with reference to the injury resulting from the death to the surviving parties
who may be entitled to recover, and also having regard to the mitigating or aggravating
circumstances attending the wrongful act, neglect or default. The amount recovered in
such action shall not be subject to debts or liabilities of the deceased, unless the
action is brought on behalf of the decedent's estate.
12-621 Procedure to establish identity of persons
A. When a person desires to establish his identity or fix his birthright and
parentage, or both, he may file in the superior court in the county where his residence
is maintained an application setting forth his reasons for desiring to establish his
identity, birthright or parentage. The court may, after hearing the application, enter
judgment establishing identity or birthright and parentage, or both, of such person.
B. The parent, guardian ad litem or next friend of a minor may file such
application in the county where the minor's residence is maintained.
12-622 Notice of hearing; effect of establishing identity
A. Upon filing the application provided for in section 12-621, if the court deems
it proper that notice be given of the hearing on the application, it may order that
notice be given by publication or by service upon the parties interested.
B. The identity, birthright and parentage, or both, when established, if different
than the party was reputed to have, shall not operate to relieve him from any obligation
incurred or assumed under the former identity.
12-631 Definitions
In this article, unless the context otherwise requires:
1. "Buyer" means a person who buys or hires a motor vehicle under a retail
installment contract.
2. "Direct loan agreement" means an agreement between a lender and a purchaser by
which the lender has advanced monies pursuant to a loan secured by a motor vehicle which
the purchaser has purchased.
3. "Lease contract" means a contract for or in contemplation of the lease for the
use of a motor vehicle, and the purchase of services incidental to the lease, by a
natural person for a term exceeding four months primarily for personal, family,
household, business or commercial purposes, whether or not it is agreed that the lessee
bears the risk of the motor vehicle's depreciation.
4. "Lessee" includes a bailee and means a natural person who leases, offers to
lease or is offered the lease of a motor vehicle under a lease contract.
5. "Lessor" includes a bailor and means a person who is engaged in the business of
leasing, offering to lease or arranging the lease of a motor vehicle under a lease
contract.
6. "Motor vehicle" means a motor vehicle which is required to be registered under
title 28, chapter 7.
7. "Purchaser" has the same meaning prescribed in section 47-1201.
8. "Retail installment contract" has the same meaning prescribed in section 44-281
and includes the sale of a motor vehicle between a buyer and a seller primarily for
business or commercial purposes.
9. "Secured party" has the same meaning prescribed in section 47-9102.
10. "Security agreement" has the same meaning prescribed in section 47-9102.
11. "Security interest" has the same meaning prescribed in section 47-1201.
12. "Seller" means a person engaged in the business of selling or leasing motor
vehicles under a retail installment contract.
12-632 Unlawful motor vehicle subleasing; civil action; exemption
A. One or more of the following persons who suffer any damage proximately resulting
from one or more acts of unlawful subleasing of a motor vehicle pursuant to section
13-3717 may bring an action against the person who has engaged in those acts:
1. A seller or any other secured party under a retail installment contract or a
security agreement.
2. A lender under a direct loan agreement.
3. A lessor under a lease contract.
4. A buyer under a retail installment contract.
5. A purchaser under a direct loan agreement, an agreement which provides for a
security interest or an agreement which is equivalent to these types of agreements.
6. A lessee under a lease contract.
7. An actual or purported transferee or assignee of any right or interest of a
buyer, purchaser or lessee.
B. The court in an action under subsection A of this section may award actual
damages, equitable relief, including an injunction and restitution of monies and
property, punitive damages, reasonable attorney fees and costs, and any other relief
which the court deems proper.
C. The rights and remedies provided in this section are in addition to any other
rights and remedies provided by law.
D. This section does not apply to the subleasing of a motor vehicle with a gross
weight, as defined in section 28-5431, of more than ten thousand pounds.
12-641 Persons who may maintain action for injury to child or ward
Either parent may maintain an action for the injury of a child, and a guardian may
maintain an action for the injury of his ward.
12-651 Uniform single publication act
A. No person shall have more than one cause of action for damages for libel,
slander, invasion of privacy or any other tort founded upon a single publication,
exhibition or utterance, such as any one edition of a newspaper, book or magazine, any
one presentation to an audience, any one broadcast over radio or television or any one
exhibition of a motion picture. Recovery in any action shall include all damages for any
such tort suffered by the plaintiff in all jurisdictions.
B. A judgment in any jurisdiction for or against the plaintiff upon the substantive
merits of any action for damages founded upon a single publication, exhibition or
utterance as described in subsection A shall bar any other action for damages by the same
plaintiff against the same defendant founded upon the same publication, exhibition or
utterance.
C. This section shall be so interpreted as to effectuate its purpose to make
uniform the law of those states or jurisdictions which enact it.
D. This section may be cited as the uniform single publication act.
E. This section shall not be retroactive as to causes of action existing on July 1,
1953.
12-652 Liability of radio or television station owner or agent for defamation published or uttered over station or network
A. The owner, licensee or operator of a visual or sound radio broadcasting station
or network of stations, and the agents or employees of the owner, licensee or operator,
shall not be liable for damages for a defamatory statement published or uttered in or as
a part of a visual or sound radio broadcast by one other than the owner, licensee or
operator, or agent or employee thereof, unless it is alleged and proved by the
complaining party that the owner, licensee, operator or agent or employee has failed to
exercise due care to prevent publication or utterance of the statement in the
broadcast. The exercise of due care shall be construed to include a bona fide compliance
with federal law or regulations of a federal regulatory agency.
B. An owner, licensee or operator, or the agents or employees of such owner,
licensee or operator of a station or network of stations shall not be liable for damages
for defamatory statements published or uttered over the facilities of such station or
network by or on behalf of a candidate for public office.
C. In an action for damages for a defamatory statement published or uttered in or
as a part of a visual or sound radio broadcast, the complaining party shall be allowed
only the actual damages alleged and proved.
12-653 Nonliability for publication made at instance of public officer acting in compliance with law
An action for damages shall not lie against the editor, publisher, or proprietor of
a newspaper or periodical for publication of a report, proceedings or other matter
published at the instance of a public officer acting in compliance with law.
12-661 Liabilities of parents or legal guardians for malicious or wilful misconduct of minors
A. Any act of malicious or wilful misconduct of a minor which results in any injury
to the person or property of another, to include theft or shoplifting, shall be imputed
to the parents or legal guardian having custody or control of the minor whether or not
such parents or guardian could have anticipated the misconduct for all purposes of civil
damages, and such parents or guardian having custody or control shall be jointly and
severally liable with such minor for any actual damages resulting from such malicious or
wilful misconduct.
B. The joint and several liability of one or both parents or legal guardian having
custody or control of a minor under this section shall not exceed ten thousand dollars
for each tort of the minor. The liability imposed by this section is in addition to any
liability otherwise imposed by law.
C. Notwithstanding any law to the contrary, nothing in this section limits the
right of an insurer to exclude coverage for the acts of a minor imputed to his parent or
legal guardian pursuant to this section.
12-671 Drawing check or draft on no account or insufficient account with intent to defraud; civil action; definition of credit; prima facie evidence
A. A person who, for himself or for another, with intent to defraud, makes, draws,
utters or delivers to another person or persons a check or draft on a bank or depositary
for payment of money, knowing at the time of such making, drawing, uttering or delivery,
that he or his principal does not have an account or does not have sufficient funds in,
or credit with, such bank or depositary to meet the check or draft in full upon
presentation, shall be liable to the holder of such check or draft for twice the amount
of such check or draft or fifty dollars, whichever is greater, together with costs and
reasonable attorney's fees as allowed by the court on the basis of time and effort
expended by such attorney on behalf of plaintiff.
B. The word "credit" as used in this section shall be construed to be an express
agreement with the bank or depositary for payment of the check or draft.
C. Proof that, at the time of presentment, the maker, issuer or drawer did not have
sufficient funds with the bank or depositary, and that he failed within twelve days after
receiving notice of nonpayment or dishonor to pay the check or draft is prima facie
evidence of intent to defraud.
D. Where a check, draft or order is protested, on the ground of insufficiency of
funds or credit, the notice of formal protest thereof shall be admissible as proof of
presentation, nonpayment and protest and shall be prima facie evidence of the
insufficiency of funds or credit with the bank or depositary, or person, or firm or
corporation.
E. "Notice", as used in this section, means notice given to the person entitled
thereto, either in person, or in writing. Such notice in writing shall be given by
certified mail, return receipt requested, to the person at his address as it appears on
such check or draft.
F. Nothing in this section shall be applicable to any criminal case or affect
eligibility or terms of probation.
12-681 Definitions
In this article, unless the context otherwise requires:
1. "Defective and unreasonably dangerous" does not include a food product that is
otherwise fit for human consumption and nourishment.
2. "Food product" means any product that is grown, prepared, provided, served or
sold and that is primarily intended for human consumption and nourishment.
3. "Manufacturer" means a person or entity that designs, assembles, fabricates,
produces, constructs or otherwise prepares a product or component part of a product
before its sale to a user or consumer, including a seller owned in whole or significant
part by the manufacturer or a seller owning the manufacturer in whole or significant
part.
4. "Product" means the individual product or any component part of the product that
is the subject of a product liability action.
5. "Product liability action" means any action brought against a manufacturer or
seller of a product for damages for bodily injury, death or property damage caused by or
resulting from the manufacture, construction, design, formula, installation, preparation,
assembly, testing, packaging, labeling, sale, use or consumption of any product, the
failure to warn or protect against a danger or hazard in the use or misuse of the product
or the failure to provide proper instructions for the use or consumption of any product.
6. "Product safety analysis or review" means any investigation, inquiry, review,
evaluation or other means by which a person or entity seeks to determine, calculate,
predict, estimate, evaluate or report the safety or health effects of the use of any of
its products, systems, services or processes. Product safety analysis or review includes
an analysis or review by a component manufacturer of the safety and health effects of
component parts in end products. A product safety analysis or review may be conducted by
employees of the person or entity or by consultants engaged specifically to perform the
analysis or review.
7. "Reasonable remedial measures" means actions taken as a result of a product
safety analysis or review and intended to improve the safety of products, systems,
services or processes or to lessen the likelihood of a safety-related accident. These
actions include:
(a) Modifications to the product, system, service or process.
(b) Changes in quality assurance procedures or policies.
(c) Modifications made to the design or method of manufacturing, to manufacturing
equipment or to the testing of the product, system, service or process.
(d) Changes or additions to training programs or safety education programs.
(e) Personnel or human resources measures related to the product, system, service
or process.
(f) The use or modification of warnings, notices or changes to owner manuals and
related materials.
(g) The recall of products.
8. "Reasonably foreseeable alteration, modification, use or consumption" means an
alteration, modification, use or consumption of the product that would be expected of an
ordinary and prudent purchaser, user or consumer and that an ordinary and prudent
manufacturer should have anticipated.
9. "Seller" means a person or entity, including a wholesaler, distributor, retailer
or lessor, that is engaged in the business of leasing any product or selling any product
for resale, use or consumption.
10. "State of the art" means the technical, mechanical and scientific knowledge of
manufacturing, designing, testing or labeling the same or similar products that was in
existence and reasonably feasible for use at the time of manufacture.
12-682 Limitation
The previously existing common law of products liability is modified only to the
extent specifically stated in this article and section 12-551.
12-683 Affirmative defenses
In any product liability action, a defendant shall not be liable if the defendant
proves that any of the following apply:
1. The defect in the product is alleged to result from inadequate design or
fabrication, and if the plans or designs for the product or the methods and techniques of
manufacturing, inspecting, testing and labeling the product conformed with the state of
the art at the time the product was first sold by the defendant.
2. The proximate cause of the incident giving rise to the action was an alteration
or modification of the product that was not reasonably foreseeable, made by a person
other than the defendant and subsequent to the time the product was first sold by the
defendant.
3. The proximate cause of the incident giving rise to the action was a use or
consumption of the product that was for a purpose, in a manner or in an activity other
than that which was reasonably foreseeable or was contrary to any express and adequate
instructions or warnings appearing on or attached to the product or on its original
container or wrapping, if the injured person knew or with the exercise of reasonable and
diligent care should have known of such instructions or warnings.
4. The proximate cause of the incident or incidents giving rise to the action was
the repeated consumption of a food product that is not defective and unreasonably
dangerous if consumed in reasonable quantities.
12-684 Indemnification; tender of defense; execution
A. In any product liability action where the manufacturer refuses to accept a
tender of defense from the seller, the manufacturer shall indemnify the seller for any
judgment rendered against the seller and shall also reimburse the seller for reasonable
attorneys' fees and costs incurred by the seller in defending such action, unless either
paragraph 1 or 2 applies:
1. The seller had knowledge of the defect in the product.
2. The seller altered, modified or installed the product, and such alteration,
modification or installation was a substantial cause of the incident giving rise to the
action, was not authorized or requested by the manufacturer and was not performed in
compliance with the directions or specifications of the manufacturer.
B. If a judgment is rendered in favor of the plaintiff and a seller is granted
indemnity against a manufacturer, the plaintiff shall first attempt to satisfy the
judgment by levying execution upon the manufacturer in this state or in the state where
the manufacturer's principal place of business is located and by making demand upon any
liability insurance carrier of the manufacturer whose identity is known to plaintiff
before attempting to collect the judgment from the seller or the seller's liability
insurance carrier. The return of a writ of execution partially or wholly unsatisfied or
the failure of the manufacturer's insurance carrier to pay the judgment upon demand shall
be deemed full compliance with the plaintiff's obligation to attempt to collect from the
manufacturer.
C. In any product liability action the manufacturer of the product shall be
indemnified by the seller of the product for any judgment rendered against the
manufacturer and shall also reimburse the manufacturer for reasonable attorneys' fees and
costs incurred in defending such action, if the seller provided the plans or
specifications for the manufacture or preparation of the product and such plans or
specifications were a substantial cause of the product's alleged defect and if the
product was manufactured in compliance with and according to the plans or specifications
of the seller. If a judgment is rendered in favor of the plaintiff and a manufacturer is
granted indemnity against a seller, the plaintiff shall first attempt to satisfy the
judgment by levying execution upon the seller in this state or in the state where the
seller's principal place of business is located and by making demand upon any liability
insurance carrier of the seller whose identity is known to plaintiff before attempting to
collect the judgment from the manufacturer or manufacturer's liability insurance
carrier. The return of a writ of execution partially or wholly unsatisfied or the
failure of the seller's insurance carrier to pay the judgment upon demand shall be deemed
full compliance with the plaintiff's obligation to attempt to collect from the
seller. The provisions of this subsection shall not apply if the manufacturer had
knowledge or with the exercise of reasonable and diligent care should have had knowledge
of the defect in the product.
12-685 Contents of complaint; amount of recovery
In any product liability action no dollar amount or figure shall be included in the
complaint. The complaint shall pray for such damages as are reasonable in the
premises. The complaint shall include a statement reciting that the jurisdictional
amount established for filing the action is satisfied.
12-686 Inadmissible evidence; state of the art; modification
In any product liability action, the following shall not be admissible as direct
evidence of a defect:
1. Evidence of advancements or changes in the state of the art subsequent to the
time the product was first sold by the defendant.
2. Evidence of any change made in the design or methods of manufacturing or testing
the product or any similar product subsequent to the time the product was first sold by
the defendant.
12-687 Reasonable remedial measures; cause of action; punitive damages
If a person or entity conducts a product safety analysis or review and, as a result,
takes reasonable remedial measures, the following shall apply to a product liability
action brought against the person or entity:
1. The plaintiff may not use the product safety analysis or review or the
reasonable remedial measures to prove negligence, that the product was defective or
unreasonably dangerous, or other culpable conduct in a product liability
action. However, the plaintiff may use the product safety analysis or review or
reasonable remedial measures for other purposes, such as proving feasibility of
precautionary measures, impeachment or to controvert any position taken by a defendant in
litigation which is inconsistent with the contents of the product safety analysis or
review or reasonable remedial measures.
2. This subsection does not prevent a plaintiff in a product liability action from
proving negligence, that the product was defective or unreasonably dangerous, or other
culpable conduct by other independent evidence or sources, even if such evidence or
sources are mentioned or included in the product safety analysis or review or reasonable
remedial measures.
3. The plaintiff may not use the product safety analysis or review or the
reasonable remedial measures to prove conduct that would subject the person or entity
that caused the product safety analysis or review to be performed to punitive or
exemplary damages, unless the plaintiff establishes that the analysis or review, or the
reasonable remedial measures, were undertaken in bad faith or solely for the purpose of
affecting the litigation instituted by the plaintiff.
4. The existence and contents of a product safety analysis or review and any
resulting reasonable remedial measures are discoverable and subject to disclosure in a
product liability action unless otherwise privileged. However, a portion of a product
safety analysis or review may be designated and maintained as confidential and protected
from public disclosure pursuant to applicable rules of civil procedures if the portion
involves trade secrets as defined in section 44-401, proprietary material or
competitively sensitive information. Any dispute as to confidentiality shall be
determined by a court following an in camera review of the portion of the analysis or
review in question.
12-688 Duty to warn; food products
There is no duty to warn a purchaser, user or consumer or any other person,
regardless of age, that the consumption of a food product that is not defective and
unreasonably dangerous may cause health problems if consumed excessively. 12-691 Civil liability for shoplifting; adult; emancipated minor
An adult or emancipated minor who commits shoplifting as defined by section 13-1805
is civilly liable to the owner of the obtained goods for all of the following:
1. A penalty in the amount of the retail value of the obtained goods.
2. For an adult, an additional penalty of at least two hundred fifty dollars but
not more than two hundred fifty dollars plus the actual damages to the owner.
3. For an emancipated minor, an additional penalty of at least one hundred dollars
but not more than one hundred dollars plus the actual damages to the owner.
12-692 Shoplifting by unemancipated minor; liability of parent or guardian; foster parents
A. The parents or legal guardians having custody or control of an unemancipated
minor who commits shoplifting as defined by section 13-1805 are civilly liable to the
owner of the obtained goods for all of the following:
1. A penalty in the amount of the retail value of the obtained goods.
2. An additional penalty of not less than one hundred dollars nor more than one
hundred dollars plus the actual damages to the owner.
B. Foster parents are not liable under subsection A of this section for the acts of
children placed with them pursuant to title 8, chapter 5.
12-693 Conviction for shoplifting; admissibility
A conviction for shoplifting under section 13-1805 is not required to maintain an
action pursuant to this article. An adjudication of not guilty of violation of section
13-1805 is admissible in an action for civil liability under sections 12-691 and
12-692. A person convicted for shoplifting under section 13-1805 is precluded from
subsequently denying the essential allegations of the offense in any action pursuant to
this article. For the purposes of this section, a conviction may result from a verdict
or a plea including a no contest plea.
12-694 Bringing action; court
An action for recovery of damages under this article may be brought in any court of
competent jurisdiction, including the small claims division of a justice court, if the
total actual damages and penalties do not exceed the jurisdictional limit of the court.
12-701 Drugs; exemplary or punitive damages; definition
A. The manufacturer or seller of a drug is not liable for exemplary or punitive
damages if the drug alleged to cause the harm either:
1. Was manufactured and labeled in relevant and material respects in accordance
with the terms of an approval or license issued by the federal food and drug
administration under the food, drug and cosmetic act (21 United States Code section 301,
et seq.) or the public health service act (42 United States Code section 201, et seq.) or
2. Is generally recognized as safe and effective pursuant to conditions established
by the federal food and drug administration and applicable regulations, including
packaging and labeling regulations.
B. Subsection A does not apply if the plaintiff proves, by clear and convincing
evidence, that the defendant, either before or after making the drug available for public
use, knowingly, in violation of applicable federal food and drug administration
regulations, withheld from or misrepresented to the administration information known to
be material and relevant to the harm which the plaintiff allegedly suffered.
C. In this section, "drug" means the same as provided in section 201 (g) (1) of the
federal food, drug and cosmetic act (21 United States Code section 321 (g) (1)).
12-711 Affirmative defense; limitation
In any civil action, the finder of fact may find the defendant not liable if the
defendant proves that the claimant was under the influence of an intoxicating liquor or a
drug and as a result of that influence the claimant was at least fifty per cent
responsible for the accident or event that caused the claimant's harm.
12-712 Nonliability for damages that result during a criminal act
A. In any civil action, a defendant is not liable for damages that the plaintiff
incurs if the plaintiff is harmed as a result of the negligence or gross negligence of
any defendant while the plaintiff is attempting to commit, committing or fleeing from a
felony criminal act.
B. In a civil action a defendant is not liable for damages that the plaintiff
incurs if the plaintiff is harmed as a result of the negligence or gross negligence of
the defendant while the plaintiff is attempting to commit or committing a misdemeanor
criminal act and the act directly relates to the defendant or the defendant's property.
12-713 Emergency call system; liability standard
A. A person, private entity, public entity or any of their employees who are
involved in developing, operating, implementing or participating in a 911 emergency
telephone system or a similar emergency dispatch system is not liable for civil damages
that result from an act or omission in connection with developing, operating,
implementing or participating in a 911 emergency telephone system or a similar emergency
system unless the person or entity acted knowingly or had reason to know the facts that
would lead a reasonable person to realize that the person's or entity's act or failure to
act not only created an unreasonable risk of bodily injury to others, but also involved a
high probability that substantial harm would result.
B. This section applies to causes of action that accrue on or after the effective
date of this section.
12-714 Actions against firearm manufacturers; prohibition; findings; definitions
A. A political subdivision of this state shall not commence a qualified civil
liability action in any ARIZONA court.
B. The legislature finds that:
1. The citizens of this state have the right, under the second amendment to the
United States Constitution and article 2, section 26 of the ARIZONA Constitution, to keep
and bear arms.
2. Lawsuits have been commenced against the manufacturers, distributors, dealers
and importers of nondefective firearms for the harm caused by the misuse of firearms by
third parties, including criminals.
3. Businesses in the United States that are engaged in the lawful sale to the
public of firearms or ammunition are not, and should not be liable for the harm caused by
those who unlawfully misuse firearms or ammunition.
4. The possibility of imposing liability on an entire industry for harm that is the
sole responsibility of others is an abuse of the legal system, threatens the diminution
of a basic constitutional right and constitutes an unreasonable burden on the free
enterprise system.
5. The liability actions commenced by political subdivisions are based on theories
without foundation in the common law and American jurisprudence. Such an expansion of
liability would constitute a deprivation of the rights, privileges and immunities
guaranteed to citizens of this state under both the Constitution of ARIZONA and the
United States Constitution.
C. As used in this section:
1. "Manufacturer" means, with respect to a qualified product:
(a) A person who is engaged in a business to import, make, produce, create or
assemble a qualified product and who designs or formulates, or has engaged another person
to design or formulate, a qualified product.
(b) A seller of a qualified product, but only with respect to an aspect of the
product that is made or affected when the seller makes, produces, creates or assembles
and designs or formulates an aspect of the product made by another person.
(c) Any seller of a qualified product who represents to a user of a qualified
product that the seller is a manufacturer of the qualified product.
2. "Qualified civil liability action" means a civil action brought by a political
subdivision against a manufacturer or seller of a qualified product or a trade
association, for damages resulting from the criminal or unlawful misuse of a qualified
product by a third party. Qualified civil liability action does not include an action
brought against a transferor convicted under 18 United States Code section 924(h) or
section 13-3102, subsection A, paragraph 14, by a party directly harmed by the conduct of
which the transferee is convicted.
3. "Qualified product" means a nondefective firearm as defined in 18 United States
Code section 921(a)(3) or nondefective ammunition as defined in 18 United States Code
section 921(a)(17), or a component part of a firearm or ammunition, that has been shipped
or transported in interstate or foreign commerce.
4. "Seller" means, with respect to a qualified product, a person who either:
(a) In the course of a business conducted for that purpose sells, distributes,
rents, leases, prepares, blends, packages, labels or otherwise is involved in placing a
qualified product in the stream of commerce.
(b) Installs, repairs, refurbishes, reconditions or maintains an aspect of a
qualified product that is alleged to have resulted in damages.
5. "Trade association" means any association or business organization, whether or
not incorporated under federal or state law, two or more members of which are
manufacturers or sellers of a qualified product.
12-715 Donation of fire or emergency medical services equipment; exemption from civil liability; definition
A. A person, a public entity or any other legal entity that makes a good faith
donation of used or excess fire control, fire rescue or emergency medical services
equipment to a fire department, fire district or volunteer fire department and that at
the time of making the donation believes that the equipment is serviceable is not liable
for damages in any civil action for any injury or death due to the condition of the
equipment unless the injury or death is a direct result of the intentional misconduct,
gross or ordinary negligence of the donor. This subsection also applies to equipment
that is acquired through the federal excess personal property program established by the
federal property and administrative services act of 1949 (P.L. 81-152; 63 Stat. 377; 40
United States Code section 483).
B. A fire department, fire district or volunteer fire department that in good faith
receives a donation of serviceable fire control, fire rescue or emergency medical
services equipment and that at the time of the donation reasonably believes that the
equipment is serviceable is not liable for damages in any civil action for any injury or
death due to the condition of the equipment unless the injury or death is a direct result
of the intentional misconduct or gross negligence of the fire department, fire district
or volunteer fire department. After placing the donated equipment into service, a fire
department, fire district or volunteer fire department shall maintain the donated
equipment in a safe and serviceable manner.
C. For the purposes of this section, "fire control, fire rescue or emergency
medical services equipment" means any vehicle, fire fighting tool, protective clothing,
breathing apparatus and other supplies and tools that are used in fire fighting, fire
rescue or emergency medical services.
12-731 Recovery of civil damages
A. Except as provided in title 13, chapter 30, any person whose wire, oral or
electronic communication is intentionally intercepted, disclosed or used in violation of
title 13, chapter 30 may bring a civil action to recover from the person or entity that
engaged in the violation the following:
1. Such preliminary and other equitable or declaratory relief as may be
appropriate.
2. Damages in an amount that is the greater of either:
(a) The sum of the actual damages suffered by the plaintiff and any profits made by
the violator as a result of the violation.
(b) Statutory damages of one hundred dollars a day for each day of the violation.
(c) Statutory damages of ten thousand dollars.
3. Punitive damages in appropriate cases.
4. Reasonable attorney fees and other reasonable costs of litigation.
B. A civil action under this section may not be commenced later than one year after
the date upon which the plaintiff first has a reasonable opportunity to discover the
violation.
12-741 Definitions
In this article, unless the context otherwise requires:
1. "Buyer" means a person who leases, licenses or purchases any product, equipment
or service.
2. "Computer" has the same meaning prescribed in section 13-2301, subsection E.
3. "Computer program" has the same meaning prescribed in section 13-2301,
subsection E.
4. "Computer software" has the same meaning prescribed in section 13-2301,
subsection E.
5. "Computer system" has the same meaning prescribed in section 13-2301, subsection
E.
6. "Equipment" means any item that contains a product and that is used to produce
or deliver a product or service.
7. "Network" has the same meaning prescribed in section 13-2301, subsection E.
8. "Product" means any item that is:
(a) Directly or indirectly manufactured, created or delivered by or that operates
through the use of embedded chips or through the manipulation of electronic or magnetic
impulses, including any computer, network, computer program, computer software or
computer system or any constituent component, any item that contains an integrated
circuit or any other electronics component.
(b) Directly or indirectly manufactured, created or delivered by or that operates
through the use of an integrated circuit or electronic component.
9. "Remedial measures" means an action that is taken to improve the efficacy of any
product, equipment or service in order to lessen the likelihood or consequences of a year
2000 date failure. These actions may include:
(a) Modifications to the product, equipment or service.
(b) Changes in quality assurance procedures or policies.
(c) Modifications that are made to the design or method of manufacturing, to
manufacturing equipment or to the testing of the product, equipment or service.
(d) Changes in or additions to training programs or safety education programs.
(e) Personnel or human resources measures that are related to the product,
equipment or service.
(f) The use or modification of warnings or notices or changes to owner manuals and
related materials.
(g) The recall of products.
(h) The creation of a plan or instructions to be implemented in the event of or to
avoid a year 2000 date failure.
(i) Alternative services that are offered in connection with a service to provide
the buyer with the intended result of the service.
10. "Service" means any effort, function, labor, delivery, processing or time that
directly or indirectly involves the use of a product.
11. "Year 2000 compliance analysis or review" means any evaluation, investigation,
inquiry, review or other means by which a person seeks to compute, determine, estimate,
evaluate, predict or report the performance of any product, equipment or service and that
may be conducted by employees or agents of the person, by a year 2000 consultant or by a
government agency or instrumentality.
12. "Year 2000 date failure" means either:
(a) The present or future failure or inability of a product or any product or
equipment that uses a product to accurately accept, compute, compare, distinguish,
generate, interpret, produce, recognize, sequence or otherwise process, store or display
correctly date and time data in, from, into and between the years 1999 and 2000 and
subsequent years, the twentieth and twenty-first centuries and leap year computations.
(b) The present or future failure or inability of a service that uses a product or
equipment that fails or is not able to accurately accept, compute, compare, distinguish,
generate, interpret, produce, recognize, sequence or otherwise process, store or display
date and time data in, from, into and between the years 1999 and 2000 and subsequent
years, the twentieth and twenty-first centuries and leap year computations.
12-742 Applicability; exceptions
A. This article applies to both:
1. Actions in which a person or governmental entity seeks damages or other relief
based on a year 2000 date failure.
2. Actions that are based on an alleged failure to properly detect, disclose,
prevent, report or remedy a year 2000 date failure.
B. This article does not:
1. Apply to actions to collect workers' compensation benefits under title 23.
2. Establish any cause or action.
3. Limit the rights or obligations of a person to assert any legal theory, right,
defense or affirmative defense that is available under any statute, law, rule, contract
or tariff.
4. Waive the sovereign immunity of this state or a political subdivision of this
state.
5. Expand or limit any other law, statute, rule, contract or tariff that provides
immunity, limits liability or establishes otherwise available defenses.
C. If a conflict between this article and chapter 6, article 9 of this title
arises, this article controls.
12-743 Notice; inspection; opportunity to cure
A. Except as provided in subsection B of this section, a prospective plaintiff
shall give written notice to a prospective defendant at least ninety days before
commencing an action for damages or other relief caused by a year 2000 date failure. The
notice shall identify the prospective plaintiff and shall describe in reasonable detail
the year 2000 date failure and the damages or other harm caused by the date failure. If
notice is given to other than a natural person, the notice shall be given to a partner,
an officer, a managing or general agent or any other agent who is authorized to receive
service of process.
B. If the ninety day written notice under subsection A of this section cannot be
given because the action must be commenced before the expiration of the statute or
limitations or because the claim is asserted by a counterclaim, cross-claim or third
party claim, the person who asserts the claim shall give written notice within thirty
days after the date on which the action is filed or the counterclaim, cross-claim or
third party claim is served. The court may not enter a judgment on the claim for at
least ninety days after the date of the notice. A party may not seek discovery for at
least ninety days after the date of the notice.
C. If the plaintiff fails to provide written notice, the court shall dismiss the
claim. If the court enters its dismissal order before the expiration of the statute of
limitations that applies to the cause of action asserted by the plaintiff, the dismissal
of the action is without prejudice and the notice provisions of this section apply. If
the court enters its dismissal order after the expiration of the applicable statute of
limitations, the plaintiff may reinstate the action pursuant to section 12-504,
subsection A and the notice provisions of this section apply.
D. Within sixty days after receiving notice under subsection A or B of this
section, a prospective defendant may request in writing to inspect any product, equipment
or service to assess the nature, scope and consequences of the year 2000 date failure if
the product, equipment or service is subject to a prospective plaintiff's possession or
control. The prospective defendant shall conduct the inspection in a reasonable manner
at a reasonable time and place.
E. Within ninety days after receiving notice pursuant to subsection A or B of this
section, the prospective defendant may offer to cure the year 2000 date failure that is
the subject of the claim. The offer to cure may include the offer to repair, replace,
upgrade or update the product, equipment or service, to make restitution or to provide
remedial measures.
F. The inspection and the results of the inspection may be offered as evidence or
admitted into evidence consistent with the standards applicable for year 2000 compliance
analysis or review pursuant to section 12-748. An offer to cure or to make restitution
and the cure or restitution of a year 2000 date failure may be offered in evidence
pursuant to rule 408, ARIZONA rules of evidence.
12-744 Affirmative defense; notice and repair
A. It is an affirmative defense to a year 2000 date failure if all of the following
apply:
1. The defendant notified the buyer of the product, equipment or service that the
product, equipment or service may manifest the year 2000 date failure. The notice shall
both:
(a) Identify the product, equipment or service that was supplied by the defendant
and that manifests or may manifest the year 2000 date failure.
(b) Explain how the buyer may obtain remedial measures or provide information on
how to repair, replace, upgrade or update the product, equipment or service.
2. The defendant unconditionally offered at no additional cost to the buyer to
provide, implement or enable the buyer to implement either:
(a) The repair, replacement, upgrade or update of the product, equipment or
service.
(b) Remedial measures.
3. The unconditionally offered alternative service, repair, replacement, upgrade or
update or remedial measures would have avoided the damages that were caused by the year
2000 date failure.
B. For the purposes of subsection A, paragraph 1, a defendant may give notice by
either:
1. Timely sending the notice by mail, courier, electronic mail or telefacsimile to
the last known address or telecopier number that was provided to the buyer if that
information is in the possession or control of the defendant.
2. If sending notice pursuant to paragraph 1 of this subsection is impracticable,
timely publishing the notice in at least two newspapers of general statewide circulation
for three consecutive weeks or timely publishing the notice on the defendant's internet
web site.
12-745 Affirmative defense; reliance; definition
A. It is an affirmative defense to a year 2000 date failure if all of the following
apply:
1. The defendant reasonably relied on a false or misleading year 2000 date
statement made by an independent, upstream vendor or supplier of the product, equipment
or service or by another person that the product, equipment or service would not manifest
the year 2000 date failure.
2. The defendant did not have actual knowledge that the year 2000 date statement
was false or misleading.
B. For the purposes of this section, "year 2000 date statement" means a statement
that a product, equipment or service is year 2000 compliant, is millennium bug free or
otherwise complies with a year 2000 date standard established by state or federal law or
a national or international service organization or any other similar representation.
12-746 Affirmative defense; compliance testing; definition
A. It is an affirmative defense to a year 2000 date failure if all of the following
apply:
1. The defendant or a governmental entity conducted a reasonable examination of the
defendant's product, equipment or service to determine if it would manifest a year 2000
date failure.
2. If the examination revealed a year 2000 date failure, the defendant in good
faith repaired, replaced, upgraded or updated the product, equipment or service or a
component of the product, equipment or service that the defendant reasonably believed to
be necessary.
3. The defendant tested the product, equipment or service or a component of the
product, equipment or service after making any necessary repairs, replacements, upgrades
or updates of the product, equipment or service or any component of the product,
equipment or service to determine if it would continue to manifest a year 2000 date
failure.
4. The product, equipment or service successfully passed any necessary test that
was performed by the defendant pursuant to paragraph 3.
B. For the purposes of this section, "defendant" includes the defendant, an agent
of the defendant or a governmental agency or instrumentality.
12-747 Offset
A. If the defendant cured the year 2000 date failure or made restitution, the court
may deduct from the damages allowed an amount that is equal to the value that the
plaintiff received from the cure or restitution.
B. If the plaintiff refused the defendant's unconditional offer to cure the failure
or to make restitution, the court may deduct from the damages allowed an amount that is
equal to the value that the plaintiff would have received from the cure or restitution.
C. The defendant has the burden of proving by a preponderance of the evidence the
value the plaintiff received or would have received from the cure or restitution.
12-748 Remedial measures
A. If a defendant conducted a year 2000 compliance analysis or review and took
remedial measures, the plaintiff may not use the year 2000 compliance analysis or review
or the remedial measures to prove negligence, that the product, equipment or service was
defective or unreasonably dangerous or other culpable conduct. The plaintiff may use the
year 2000 compliance analysis or review to prove the feasibility of the precautionary
measures, to impeach or to controvert any position taken by the defendant that is
inconsistent with the contents of the year 2000 compliance analysis or review or the
remedial measures.
B. This section does not prevent the plaintiff from proving negligence, that the
product, equipment or service was defective or unreasonably dangerous or other culpable
conduct by other independent evidence or sources even if the other evidence or sources
are mentioned or included in the year 2000 compliance analysis or review or the remedial
measures.
C. The existence and contents of a year 2000 compliance analysis and review are
discoverable and subject to disclosure unless otherwise privileged. A portion of a year
2000 compliance analysis or review may be designated and maintainmd as confidential and
may be protected from public disclosure pursuant to the ARIZONA rules of civil procedure
if the portion involves a trade secret as defined in section 44-401, proprietary material
or competitively sensitive information. A court shall determine any confidentiality
dispute after an in camera review of the portion of the analysis or review in question.
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