Injury Law 3 (Title 12)
A.R.S. 12-551
Product liability
A product liability action as defined in section 12-681 shall be commenced and prosecuted within the period prescribed in section 12-542, except that no product liability action may be commenced and prosecuted if the cause of action accrues more than twelve years after the product was first sold for use or consumption, unless the cause of action is based upon the negligence of the manufacturer or seller or a breach of an express warranty provided by the manufacturer or seller.
Comment: There is a much longer statute of limitations period for product liability claims in Arizona courts. These are typically very complex types of cases and it may be wise to consult with an attorney regarding this.
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A.R.S. 12-553
Limited liability of equine owners and owners of equine facilities; exception; definitions
A. An equine owner or an agent of an equine owner who regardless of consideration allows another person to take control of an equine is not liable for an injury to or the death of the person if:
1. The person has taken control of the equine from the owner or agent when the injury or death occurs.
2. The person or the parent or legal guardian of the person if the person is under eighteen years of age has signed a release before taking control of the equine.
3. The owner or agent has properly installed suitable tack or equipment or the person has personally tacked the equine with tack the person owned, leased or borrowed. If the person has personally tacked the equine, the person assumes full responsibility for the suitability, installation and condition of the tack.
4. The owner or agent assigns the person to a suitable equine based on a reasonable interpretation of the person's representation of his skills, health and experience with and knowledge of equines.
B. Subsection A does not apply to an equine owner or agent of the equine owner who is grossly negligent or commits wilful, wanton or intentional acts or omissions.
C. An owner, lessor or agent of any riding stable, rodeo ground, training or boarding stable or other private property that is used by a rider or handler of an equine with or without the owner's permission is not liable for injury to or death of the equine or the rider or handler.
D. Subsection C does not apply to an owner, lessor or agent of any riding stable, rodeo ground, training or boarding stable or other private property that is used by a rider or handler of an equine if either of the following applies:
1. The owner, lessor or agent knows or should know that a hazardous condition exists and the owner, lessor or agent fails to disclose the hazardous condition to a rider or handler of an equine.
2. The owner, lessor or agent is grossly negligent or commits wilful, wanton or intentional acts or omissions.
E. As used in this section:
1. "Equine" means a horse, pony, mule, donkey or ass.
2. "Release" means a document that a person signs before taking control of an equine from the owner or owner's agent and that acknowledges that the person is aware of the inherent risks associated with equine activities, is willing and able to accept full responsibility for his own safety and welfare and releases the equine owner or agent from liability unless the equine owner or agent is grossly negligent or commits wilful, wanton or intentional acts or omissions.
Comment: Injuries from activities like horseback riding are very real dangers. It is important to understand that in Arizona, horse owners have some liability protections from these injuries. This statute explains the limitations.
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A.R.S. 12-554
Limited liability; baseball facilities; definitions
A. An owner is not liable for injuries to spectators who are struck by baseballs, baseball bats or other equipment used by players during a baseball game unless the owner either:
1. Does not provide protective seating that is reasonably sufficient to satisfy expected requests.
2. Intentionally injures a spectator.
B. This section does not prevent or limit the liability of an owner who fails to maintain the premises of the baseball stadium in a reasonably safe condition.
C. This section does not create an independent duty of care for a registered design professional or licensed contractor.
D. A registered design professional or a licensed contractor who is involved in the design, construction or operation of the facility is not liable for injuries to spectators who are struck by baseballs, baseball bats or other equipment used by players during a baseball game unless a registered design professional or a licensed contractor either:
1. Does not provide for protective seating that is reasonably sufficient to satisfy expected requests.
2. Intentionally injures a spectator.
E. This section does not prevent or limit liability of a registered design professional or a licensed contractor who fails to design, construct or operate the premises of the baseball stadium in a reasonably safe condition or manner.
F. As used in this section:
1. "Baseball game" means an amateur or professional baseball game, whether for exhibition or competition. Baseball game includes pregame and postgame activities regardless of the time of day when the game is played.
2. "Owner" means a person, city, town, county, special district, limited liability company, school district, community college district, college or university that is in lawful possession and control of a baseball team or facility in which baseball games are played. Owner includes an employee or agent of the owner.
3. "Protective seating" means either:
(a) An area in which a screen to prevent a ball or bat from entering the seating area exists between the spectator and the playing field.
(b) An area that is reasonably safe for the avoidance of injuries from baseballs, baseball bats or other equipment used by players during a baseball game.
4. "Spectator" means a person who is present at a baseball game for the purpose of observing the game, whether or not the person pays an admission fee or is compensated to observe the game.
Comment: There are also limitations on liability in Arizona for spectator injuries at baseball games. An example of an important distinction is an errant baseball versus faulty stadium maintenance. A baseball from a game that accidentally hits a spectator won't put liability on the facility owner. However if some seats collapse because the owner wasn't taking care of them, this would likely be a cause for liability.
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A.R.S. 12-555
Uninsured and underinsured motorist coverage; claims; time limits
A. An insurer is not liable for uninsured motorist coverage benefits unless the person making the claim gives written notice to the insurer of the person's intent to pursue the claim against the uninsured motorist portion of a motor vehicle policy within three years after the date of the accident that caused the bodily injury, except that a person may make an uninsured motorist claim within three years after the earliest of the following:
1. The date the person knew that the tortfeasor was uninsured.
2. The date the person knows or should have known that coverage was denied by the tortfeasor's insurer.
3. The date the person knows or should have known of the insolvency of the tortfeasor's insurer.
B. An insurer is not liable for underinsured motorist coverage benefits unless the person making the claim gives written notice to the insurer of the person's intent to pursue the claim against the underinsured motorist portion of a motor vehicle policy within three years after the date of the accident that caused the bodily injury and the person has made a claim with the tortfeasor's insurer or filed an action against the tortfeasor within the time limits prescribed by section 12-542 or within the corresponding limitation period provided under the law of the location where the accident occurred. Notwithstanding this subsection, a person may make an underinsured motorist claim within three years after the date the person knows or should have known that the tortfeasor has insufficient liability insurance to cover the person's injuries.
C. If settlement of an uninsured or underinsured motorist claim is not reached:
1. The insurer shall provide written notice to the person at the last known address on record with the insurer by first class mail, within two years after receiving the written notice prescribed in subsection A or B of this section, that the person must request arbitration or file suit pursuant to the terms of the insurance contract within three years after providing the written notice prescribed in subsection A or B of this section or the insurer is not liable for uninsured motorist coverage benefits or underinsured motorist coverage benefits.
2. A person shall request arbitration or file suit pursuant to the terms of the insurance contract within three years after providing the written notice prescribed in subsection A or B of this section. If the person does not comply with this paragraph, the insurer is not liable for uninsured motorist coverage benefits or underinsured motorist coverage benefits.
D. An insurer shall bring an action for subrogation and reimbursement pursuant to section 20-259.01 within two years after the date the insurer first makes payment to the insured under the uninsured motorist coverage.
Comment: UM/UIM auto coverage can be very important to have. This statute provides the process for pursuing one of these claims under an insurance policy. One should talk to his/her insurance company about the implications of not having UM/UIM coverage.
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