Injury Law 6 (Title 12)
A.R.S. 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.
Comment: This statute explains how someone would bring a wrongful death action in Arizona on behalf of the deceased. It also discusses the distrubution of compensation or damages received.
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A.R.S. 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.
Comment: Survivors of a decedent are entitled to compensation under Arizona law. A deceased's debts do not affect the survivors.
A.R.S. 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.
Comment: A child or minor receive special protection under the law. Arizona courts seek to protect the interest of those with a lower ability to protect their interests. This statute explains the how in civil law who can bring an action for a child/minor.
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A.R.S. 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.
Comment: If a child intentionally injures someone or does something in wanton disregard for another's safety, then the parents or guardian can be liable under Arizona law. However this liability is capped at $10,000.
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