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| Home > Statutes > Usa Arizona |
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USA Statutes : arizona
Title : Courts and Civil Proceedings
Chapter : UNIFORM CONTRIBUTION AMONG TORTFEASORS ACT
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12-2501 Right to contribution; definition
A. Except as otherwise provided in this article, if two or more persons become
jointly or severally liable in tort for the same injury to person or property or for the
same wrongful death, there is a right of contribution among them even though judgment has
not been recovered against all or any of them.
B. The right of contribution exists only in favor of a tortfeasor who has paid more
than his pro rata share of the common liability, and his total recovery is limited to the
amount paid by him in excess of his pro rata share. No tortfeasor is compelled to make
contribution beyond his own pro rata share of the entire liability.
C. There is no right of contribution in favor of any tortfeasor who the trier of
fact finds has intentionally, wilfully or wantonly caused or contributed to the injury or
wrongful death.
D. A tortfeasor who enters into a settlement with a claimant is not entitled to
recover contribution from another tortfeasor whose liability for the injury or wrongful
death is not extinguished by the settlement nor in respect to any amount paid in a
settlement which is in excess of what was reasonable.
E. A liability insurer, which by payment has discharged in full or in part the
liability of a tortfeasor and has thereby discharged in full its obligation as insurer,
is subrogated to the tortfeasor's right of contribution to the extent of the amount it
has paid in excess of the tortfeasor's pro rata share of the common liability. This
subsection does not limit or impair any right of subrogation arising from any other
relationship.
F. This section and sections 12-2502, 12-2503, 12-2504, 12-2508 and 12-2509 do not:
1. Impair any right of indemnity under existing law. If one tortfeasor is entitled
to indemnity from another, the right of the indemnity obligee is for indemnity and not
contribution, and the indemnity obligor is not entitled to contribution from any obligee
for any portion of his indemnity obligation.
2. Apply to breaches of trust or of other fiduciary obligation.
3. Create a right of contribution against an employer or other person who has paid
or who is liable for workmen's compensation in connection with an injury or death
pursuant to title 23, chapter 6, unless the employer or other person is subject to direct
suit under section 23-1022. For purposes of determining the amount of pro rata shares
under this article, any employer or other person who has paid or who is liable for
workmen's compensation shall not be considered unless the employer or other person is
subject to direct suit under section 23-1022.
G. As used in this article, "property damage" means both physical damage to
tangible property and economic loss proximately caused by a breach of duty.
12-2502 Pro rata shares
In determining the pro rata share of tortfeasors in the entire liability:
1. Their relative degrees of fault are the basis for allocation.
2. If equity requires, the collective liability of some as a group constitutes a
single share.
3. Principles of equity applicable to contribution generally apply.
12-2503 Enforcement
A. Whether or not judgment has been entered in an action against two or more
tortfeasors for the same injury or wrongful death, contribution may be enforced by
separate action.
B. If a judgment has been entered in an action against two or more tortfeasors for
the same injury or wrongful death, contribution may be enforced in that action by
judgment in favor of one against other judgment defendants by motion on notice to all
parties to the action.
C. If there is a judgment for the injury or wrongful death against the tortfeasor
seeking contribution, any separate action by him to enforce contribution must be
commenced within one year after the judgment has become final by lapse of time for appeal
or after appellate review.
D. If there is no judgment for the injury or wrongful death against the tortfeasor
seeking contribution, his right of contribution is barred unless he has either:
1. Discharged by payment the common liability within the statute of limitations
period applicable to the claimant's right of action against him and has commenced his
action for contribution within one year after payment.
2. Agreed while action is pending against him to discharge the common liability and
has within one year after the agreement paid the liability and commenced his action for
contribution.
E. The recovery of a judgment for an injury or wrongful death against one
tortfeasor does not of itself discharge the other tortfeasors from liability for the
injury or wrongful death unless the judgment is satisfied. The satisfaction of the
judgment does not impair a right of contribution.
F. The judgment of the court in determining the liability of the several defendants
to the claimant for an injury or wrongful death is binding as among the defendants in
determining their right to contribution. If the claimant's case is tried, the trier of
fact shall apportion and determine the respective degrees of fault of the defendants to
the action.
12-2504 Release or covenant not to sue
If a release or a covenant not to sue or not to enforce judgment is given in good
faith to one of two or more persons liable in tort for the same injury or the same
wrongful death both of the following apply:
1. It does not discharge any of the other tortfeasors from liability for the injury
or wrongful death unless its terms so provide, but it reduces the claim against the
others to the extent of any amount stipulated by the release or the covenant or in the
amount of the consideration paid for it, whichever is the greater.
2. It discharges the tortfeasor to whom it is given from all liability for
contribution to any other tortfeasor.
12-2505 Comparative negligence; definition
A. The defense of contributory negligence or of assumption of risk is in all cases
a question of fact and shall at all times be left to the jury. 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. There is no right to comparative negligence in
favor of any claimant who has intentionally, wilfully or wantonly caused or contributed
to the injury or wrongful death.
B. In this section, "claimant's fault" includes the fault imputed or attributed to
a claimant by operation of law, if any.
12-2506 Joint and several liability abolished; exception; apportionment of degrees of fault; definitions
A. In an action for personal injury, property damage or wrongful death, the
liability of each defendant for damages is several only and is not joint, except as
otherwise provided in this section. Each defendant is liable only for the amount of
damages allocated to that defendant in direct proportion to that defendant's percentage
of fault, and a separate judgment shall be entered against the defendant for that
amount. To determine the amount of judgment to be entered against each defendant, the
trier of fact shall multiply the total amount of damages recoverable by the plaintiff by
the percentage of each defendant's fault, and that amount is the maximum recoverable
against the defendant.
B. In assessing percentages of fault the trier of fact shall consider the fault of
all persons who contributed to the alleged injury, death or damage to property,
regardless of whether the person was, or could have been, named as a party to the
suit. Negligence or fault of a nonparty may be considered if the plaintiff entered into
a settlement agreement with the nonparty or if the defending party gives notice before
trial, in accordance with requirements established by court rule, that a nonparty was
wholly or partially at fault. Assessments of percentages of fault for nonparties are
used only as a vehicle for accurately determining the fault of the named
parties. Assessment of fault against nonparties does not subject any nonparty to
liability in this or any other action, and it may not be introduced as evidence of
liability in any action.
C. The relative degree of fault of the claimant, and the relative degrees of fault
of all defendants and nonparties, shall be determined and apportioned as a whole at one
time by the trier of fact. If two or more claimants have independent claims, a separate
determination and apportionment of the relative degrees of fault of the respective
parties, and any nonparties at fault, shall be made with respect to each of the
independent claims.
D. The liability of each defendant is several only and is not joint, except that a
party is responsible for the fault of another person, or for payment of the proportionate
share of another person, if any of the following applies:
1. Both the party and the other person were acting in concert.
2. The other person was acting as an agent or servant of the party.
3. The party's liability for the fault of another person arises out of a duty
created by the federal employers' liability act, 45 United States Code section 51.
E. If a defendant is found jointly and severally liable pursuant to subsection D,
the defendant has the right to contribution pursuant to this chapter. In an action
arising out of a duty created by the federal employers' liability act (45 United States
Code section 51), a person or entity, other than an employee of the defendant, whose
negligence or fault caused or contributed to the plaintiff's injury or death shall
contribute to the defendant pursuant to this chapter. An action for contribution shall be
adjudicated and determined by the same trier of fact that adjudicates and determines the
action for the plaintiff's injury or death. The trier of fact shall adjudicate and
determine an action for contribution after the court enters a judgment for the
plaintiff's injury or death. On motion before the conclusion of the trial, the plaintiff
is entitled to an award against the defendant for actual expenses the plaintiff incurred
as a direct result of the defendant's claim for contribution. The expenses shall include
reasonable attorney fees as determined by the court.
F. For the purposes of this section:
1. "Acting in concert" means entering into a conscious agreement to pursue a common
plan or design to commit an intentional tort and actively taking part in that intentional
tort. Acting in concert does not apply to any person whose conduct was negligent in any
of its degrees rather than intentional. A person's conduct that provides substantial
assistance to one committing an intentional tort does not constitute acting in concert if
the person has not consciously agreed with the other to commit the intentional tort.
2. "Fault" means an actionable breach of legal duty, act or omission proximately
causing or contributing to injury or damages sustained by a person seeking recovery,
including negligence in all of its degrees, contributory negligence, assumption of risk,
strict liability, breach of express or implied warranty of a product, products liability
and misuse, modification or abuse of a product.
12-2507 Treatment of counterclaims and cross claims
A counterclaim or cross claim for injury to person or property or for wrongful death
shall be treated as an independent claim for purposes of section 12-2506. A claim and
counterclaim shall not be set off against each other except by agreement of both parties.
12-2508 Redetermination of contribution shares
On motion made not later than one year after a judgment imposing joint and several
liability and determining contribution rights is entered, the court shall determine
whether all or part of a tortfeasor's contribution share under section 12-2502 is
uncollectible from that tortfeasor. If a contribution share is totally or partially
uncollectible, the court shall redetermine the contribution shares of the other
tortfeasors so that the uncollectible contribution amount is paid, based on the ratio of
the percentages of the contribution shares of the other tortfeasors. The court's order
redetermining the contribution shares shall include a judgment for the uncollectible
amount against the tortfeasor whose share is totally or partially uncollectible and in
favor of the other tortfeasors.
12-2509 Scope of contribution and comparative negligence
A. The right to contribution under sections 12-2501 through 12-2504 applies to all
tortfeasors whose liability is based on negligence, strict liability in tort or any
product liability action, as defined in section 12-681, including warranty.
B. If an action involves claims for relief alleging both negligence and strict
liability in tort, and if section 12-2505 is applied with respect to the negligence
claims for relief, the reduction in damages under section 12-2505 shall be applied to the
damages awarded against all defendants, except that contributory negligence, as
distinguished from assumption of risk, is not a defense to a claim alleging strict
liability in tort, including any product liability action, as defined in section 12-681,
except claims alleging negligence.
C. For purposes of section 12-2502, section 12-2503, subsection F and section
12-2505 with respect to cases involving assumption of risk, the relative degree of fault
of a person strictly liable in tort is the defect causing injury to the claimant. Among
two or more persons strictly liable in tort who are entitled to claim contribution
against each other, the relative degree of fault of each is the degree to which each
contributed to the defect causing injury to the claimant.
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