reglab/statecodes huggingface dataset:
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-572 - Burden of proof for treatment in emergency departments or rendered by on-call providers

12-572.
Burden of proof for treatment in emergency departments or rendered by on-call providers
A. Unless the elements of proof contained in section 12-563 are established by clear and convincing evidence,  a health professional as defined in section 32-3201 who provides or who is consulted to provide services to a patient of a licensed hospital in compliance with the emergency medical treatment and labor act (P.L. 99-272;  100 Stat. 164;  42 United States Code section 1395dd) or as a result of a disaster is not liable for any civil or other damages as a result of any act or omission.
B. Unless the elements of proof contained in section 12-563 are established by clear and convincing evidence regarding the acts or omissions of a licensed hospital or its agents and employees in cases that are covered by subsection A of this section,  the hospital is not liable for any civil or other damages as a result of any act or omission.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-573 - Limited liability for treatment related to delivery of infants; exception; definition

12-573.
Limited liability for treatment related to delivery of infants;  exception;  definition
A. Unless the elements of proof contained in section 12-563 are established by clear and convincing evidence,  a physician licensed to practice pursuant to title 32,  chapter 13 or 17 is not liable to the pregnant female patient,  the child or children delivered or their families for medical malpractice related to labor or delivery rendered on an emergency basis if the patient was not previously treated for the pregnancy by the physician,  by a physician in a group practice with the physician or by a physician,  physician assistant or certified nurse midwife with whom the physician has an agreement to attend the labor and delivery of the patient.
B. Unless the elements of proof contained in section 12-563 are established by clear and convincing evidence regarding the acts or omissions of a licensed health care facility or its employees in cases that are covered by subsection A of this section,  the health care facility is not liable to the female patient,  the child or children delivered or their families for medical malpractice related to labor or delivery.
C. This section does not apply to treatment that is rendered in connection with labor and delivery if the patient has been seen regularly by or under the direction of a licensed health care provider or a licensed physician from whom the patient's medical information is immediately available to the physicians attending the patient during labor and delivery.
D. For the purposes of this section,  " emergency"  means when labor has begun or a condition exists requiring the delivery of the child or children.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-581 - Definitions

12-581.
Definitions
In this article,  unless the context otherwise requires:
1. " Bodily injury"  means bodily harm,  sickness,  disease or emotional or mental distress,  including death resulting from any of these conditions at any time,  sustained by a person.
2. " Claimant"  means a person suffering bodily injury,  a person claiming on behalf of or as a result of bodily injury to another person,  the representative of the estate of a deceased person or a beneficiary of a wrongful death action.
3. " Costs of health care"  means medical,  custodial,  rehabilitative and related expenses.
4. " Economic loss"  means pecuniary harm for which damages are recoverable.
5. " Future damages"  means economic loss and noneconomic loss arising from bodily injury that accrues after trial of a claim under this article.
6. " Noneconomic loss"  means nonpecuniary harm for which damages are recoverable but does not include punitive or exemplary damages.
7. " Past damages"  means economic loss and noneconomic loss arising from bodily injury that have accrued before a claim is tried under this article,  including punitive or exemplary damages.
8. " Qualified insurer"  means an insurer,  self-insurer,  plan or arrangement approved by the director of the department of insurance and financial institutions.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-582 - Election of periodic payments

12-582.
Election of periodic payments
A. This article applies to any trial involving a claim for future damages arising out of a medical malpractice action. Any party may elect to receive or pay future damages for economic losses in periodic installments in accordance with this article.
B. The election shall be made pursuant to court rule. Any objection to the election shall be made pursuant to court rule.
C. An election filed by a party claiming or responding to a claim for future damages is effective unless an objecting party shows good cause pursuant to section 12-583 why the trial or arbitration of a claim affecting the party should not be conducted under this article.
D. If an effective election is on file at the commencement of trial,  all claims,  including third party claims,  counterclaims and claims consolidated for trial shall be tried under this article unless the court finds that a separate trial or other proceeding should be held on some or all of the claims that are not the subject of the election.
E. An effective election may be withdrawn only by consent of all parties to the claim to which the election relates.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-583 - Good cause hearing

12-583.
Good cause hearing
A. In a hearing held to determine whether good cause exists not to try a claim under this article,  the court shall consider the circumstances of the parties and all relevant factors,  including,  but not limited to:
1. Whether the risk that a lump sum award would be dissipated is insignificant.
2. Whether the amount of future damages is too small or the time over which the payments would be made is too short or the economic savings are not such as to warrant payment in periodic installments.
3. Whether a party responding to a claim for future damages is unable to fund a periodic installment judgment.
B. If the objecting party fails to establish by clear and convincing evidence that good cause exists not to try a claim under this article,  the court shall overrule the objection to the election.
C. If the court finds that good cause exists not to try a claim under this article,  the court shall set forth in the record the reasons for the finding.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-584 - Special findings; future damages

12-584.
Special findings;  future damages
A. If liability is found in a trial conducted under this article,  the trier of fact shall make separate findings for each claimant specifying the amount of any:
1. Past damages in a lump sum.
2. Future damages for noneconomic loss in a lump sum.
3. Future damages and the periods over which they will accrue,  on an annual basis,  for each of the following types:
(a) Costs of health care.
(b) Other economic loss.
B. The findings for future costs of health care of an injured claimant shall reflect the costs and losses during each year the trier of fact finds the claimant will sustain those costs and losses. The findings for other future economic loss of an injured claimant shall be based on the losses that the claimant or beneficiary will sustain over the period of time the claimant or the deceased would have lived but for the bodily injury on which the claim is based.
C. The trier of fact may find that future costs of health care will continue for the duration of the claimant's life,  in which case it is not necessary to decide how long the claimant will live. If the trier of fact so finds,  the trier of fact shall determine the costs of health care the claimant will incur each year while living.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-585 - Evidence of future damages

12-585.
Evidence of future damages
A. The calculation for all future economic damages shall reflect future changes in earning power or the purchasing power of the dollar. Future damages shall not be discounted to present value,  except pursuant to section 12-589.
B. Unless the court otherwise directs or the parties otherwise agree,  the annual amounts for future damages shall be prorated and paid at one month intervals during the year due. Each payment is payable on the first day of the month following its accrual.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-586 - Entering a judgment for future damages

12-586.
Entering a judgment for future damages
A. If special findings for future damages are made,  the court shall enter judgment pursuant to the following procedures:
1. The court shall apply to the findings of past and future damages any applicable rules of law in calculating the respective amounts of past and future damages each claimant is entitled to recover and each party is obligated to pay.
2. The court shall specify payment of attorney fees and litigation expenses separately from the periodic installments payable to the claimant pursuant to any agreement entered into between the claimant and his attorney. Under a percentage attorney fee contract,  unless the contract specifies otherwise,  the portion of the fee applicable to the recovery of the periodic installments of future damages is computed by multiplying the fee percentage times the cost of an annuity which would satisfy the funding requirements under sections 12-587 and 12-588.
B. A reduction in installments of future damages made pursuant to this section for payment of attorney's fees shall reduce proportionally all periodic installments for future damages.
C. The court shall enter judgment in lump sum for past damages and for any future damages payable in lump sum or otherwise under this section. The court shall also enter judgment for the payment in periodic installments of the remaining amounts of future damages,  without reduction to present value. The periodic installments shall be set forth in the judgment in a schedule that shows the annual amount due in each year the trier of fact has found that losses will accrue. If a finding has been made that costs of health care will continue for the duration of the claimant's life,  the judgment shall set forth the finding and the amount of those annual losses.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-588 - Form of funding

12-588.
Form of funding
A. Funding authorized or required for payment of a judgment for periodic installments shall be approved by the court as sufficient to guarantee financial solvency and be in one or more of the following forms:
1. An annuity contract issued by one or more qualified insurers.
2. An agreement by one or more qualified insurers to fund the judgment.
3. Any other form of funding which the court approves and to which the claimant consents.
B. Funding under this section qualifies as a required supersedeas bond.
C. In the event of a qualified assignment under section 130 of the internal revenue code of 1986,  as amended,  the qualified assignee and any qualified insurer shall be jointly and severally liable but the qualified insurer's obligation shall be the primary obligation.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-589 - Discounting future damages to present value

12-589.
Discounting future damages to present value
A. If future damages are ordered to be paid in advance of the period to which they apply,  the court shall compute the present value of the future payments by discounting each remaining annual payment by a rate of interest equal to the interest rate of the most recent issue of fifty-two week United States treasury bills sold before the date damages are discounted.
B. To compute the present value of a lifetime award of future damages pursuant to section 12-584,  subsection C,  the duration of the term of payments shall be the life expectancy of the claimant at the time the computation is made prescribed by the race neutral life expectancy table for the appropriate sex in the current population survey collected by the bureau of the census for the bureau of labor statistics of the United States department of labor.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-590 - Effect of death on periodic installments

12-590.
Effect of death on periodic installments
A. The liability for payment of periodic installments for costs of health care not yet due at the death of the person entitled to receive the benefits terminates on the death of the person. Liability for payment of any other installments or portions of installments not yet due at the death of the person entitled to receive them terminates,  except as provided in subsections B and C.
B. If,  in an action for wrongful death,  a judgment for periodic installments provides payments to more than one person and one or more but fewer than all of them die,  the surviving beneficiaries are entitled to shares proportionate to their shares in the periodic installments not yet paid to the deceased beneficiary or beneficiaries. The surviving beneficiaries are not entitled to receive payments beyond the periods specified for such beneficiaries in the judgment.
C. If,  in an action other than for wrongful death,  a judgment for periodic installments is entered and a person entitled to receive benefits for economic losses other than for costs of health care under the judgment dies,  any periodic installments not yet due at the person's death shall be paid to a beneficiary designated in writing by the deceased or,  in the absence of such a designation,  to the estate of the deceased.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-591 - Assignment of periodic installments

12-591.
Assignment of periodic installments
An assignment of or an agreement to assign any right to periodic installments for future damages is not enforceable except for:
1. The payment of alimony,  maintenance,  spousal support or child support.
2. The costs of products,  services or accommodations provided or to be provided by the assignee for health care.
3. Attorney fees and other litigation expenses incurred in obtaining or enforcing the judgment.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-592 - Exemption of benefits

12-592.
Exemption of benefits
Periodic installments for future damages for loss of earnings or loss of support for beneficiaries of a judgment entered in a wrongful death action are exempt from garnishment,  attachment,  execution and any other process or claim to the extent wages or earnings are exempt under any applicable law. Periodic installments for all other future damages are exempt under garnishment,  attachment,  execution and any other process or claim except to the extent they may be assigned pursuant to section 12-591.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-593 - Duties of the director of the department of insurance and financial institutions and insurance companies

12-593.
Duties of the director of the department of insurance and financial institutions and insurance companies
A. The director of the department of insurance and financial institutions shall adopt rules:
1. For determining which insurers and assignees are financially qualified to provide and maintain the funding required under this article and to be designated as qualified insurers.
2. To require insurers to provide and maintain funding under section 12-587 if required by court order.
3. For publishing and revising a list of persons who have been designated by the director as qualified insurers.
B. The director shall annually review and evaluate the effectiveness of the system of periodic payments. If pursuant to such review and evaluation,  the director determines that the system of periodic payments is effectively reducing the cost of medical malpractice tort claims for bodily injury,  the director shall order appropriate actuarially justified rate adjustments based on those findings.
C. In order to qualify under this section,  an insurance company shall:
1. Have at least an " A+"  (superior) rating and a financial size category of VIII in the current edition of Best insurance reports as published by A. M. Best company.
2. Have no more than one ratio falling outside the usual range according to the current ratio published by the national association of insurance commissioners insurance regulatory information system.
3. Be licensed to do business in a state that has an applicable insurance guaranty fund of at least $100, 000.
4. Meet any other standards that the director deems necessary to assure that funding will be provided and maintained. A qualified insurer may be a subsidiary of a parent insurance company if the parent insurance company qualifies as a qualified insurer and guarantees the obligation of the subsidiary.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-594 - Arbitration and settlement agreements

12-594.
Arbitration and settlement agreements
A. This article also applies to claims for bodily injury arising out of medical malpractice that are subject to arbitration either by law or if the parties have agreed to its application by contract.
B. Parties to an action on any claim for bodily injury arising out of medical malpractice may file with the clerk of the court in which the action is pending,  or,  if none is pending,  with the clerk of a court of competent jurisdiction over the claim,  a settlement agreement for future damages payable in periodic installments. The settlement agreement may provide that one or more sections of this article apply to it.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-602 - Notice of application; effect of change on rights and obligations

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.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-611 - Liability

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.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-612 - Parties plaintiff; recovery; distribution; disqualification

12-612.
Parties plaintiff;  recovery;  distribution;  disqualification
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 of this section 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. If any party listed in subsection A of this section is found guilty of or guilty except insane for,  or pled guilty or no contest to,  a violation of section 13-3623 involving the death of the child decedent or a violation of section 13-1103,  13-1104 or 13-1105 involving the death of the decedent,  the party is deemed to have predeceased the decedent and is disqualified from recovering wrongful death benefits. This subsection applies to a person who is found guilty of or guilty except insane for,  or pled guilty or no contest to,  an offense committed in another jurisdiction that has the same elements of an offense listed in this subsection and that if committed in this state would be a violation of any of the offenses listed in this subsection.
E. For the purposes of subsection A of this section,  " 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.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-613 - Measure of damages; nonliability for debts of decedent

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.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-621 - Procedure to establish identity of persons

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.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-622 - Notice of hearing; effect of establishing identity

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.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-631 - Definitions

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.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-632 - Unlawful motor vehicle subleasing; civil action; exemption

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.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-651 - Uniform single publication act

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.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-652 - Liability of radio or television station owner or agent for defamation published or uttered over station or network

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.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-653 - Nonliability for publication made at instance of public officer acting in compliance with law

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.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-653.01 - Definitions

12-653.01.
Definitions
In this article,  unless the context otherwise requires:
1. " Actual malice"  means that state of mind arising from personal spite,  hatred,  or ill will toward the plaintiff,  but such a state of mind occasioned by a good faith belief on the part of the defendant in the truth of the libelous publication or broadcast at the time it is published or broadcast shall not constitute actual malice.
2. " Exemplary damages"  means damages which may,  in the discretion of the court or jury,  be recovered in addition to general and special damages for the sake of example and by way of punishing a defendant who has made the publication or broadcast with actual malice.
3. " General damages"  means damages for loss of reputation.
4. " Magazine"  or " newspaper"  means any publication which may be mailed at the second-class rates established by the United States post office.
5. " Special damages"  means all damages which the plaintiff alleges and proves he has suffered in respect only to his property,  business,  trade,  profession or occupation.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-653.02 - Failure to demand or publish or broadcast correction; publication with actual malice; damages; service of demand

12-653.02.
Failure to demand or publish or broadcast correction;  publication with actual malice;  damages;  service of demand
In an action for damages for the publication of a libel in a newspaper or magazine,  or of a slander by radio or television broadcast,  the plaintiff shall recover no more than special damages unless a correction is demanded and not published or broadcast,  unless the plaintiff shall prove the publication or broadcast was made with actual malice. The plaintiff shall serve upon the publisher at the place of publication,  or broadcaster at the place of broadcast,  a written notice specifying the statements claimed to be libelous and demanding that the same be corrected. The notice and demand shall be served within twenty days after actual knowledge of the plaintiff of the publication or broadcast of the statements claimed to be libelous.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-653.03 - Failure to publish or broadcast correction; recovery of special and exemplary damages; malice

12-653.03.
Failure to publish or broadcast correction;  recovery of special and exemplary damages;  malice
If a correction is demanded within the period prescribed by section 12-653.02,  and is not published or broadcast in substantially as conspicuous a manner in the newspaper or magazine,  or on the radio or television broadcasting station,  as the statements claimed to be libelous,  in a regular issue thereof published or broadcast within three weeks after service,  plaintiff,  if he pleads and proves the notice,  demand and failure to correct,  and if his cause of action is maintained,  may recover general,  special and exemplary damages subject to applicable rules of law governing such damages in this jurisdiction,  but no exemplary damages may be recovered unless the plaintiff proves that defendant made the publication or broadcast with actual malice and then only in the discretion of the court or jury.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-653.04 - Publication or broadcast of correction prior to demand

12-653.04.
Publication or broadcast of correction prior to demand
A correction published or broadcast in substantially as conspicuous a manner in the newspaper or magazine,  or on the radio or television broadcasting station,  as the statements claimed in the complaint to be libelous,  prior to receipt of a demand therefor,  shall be of the same force and effect as though the correction had been published or broadcast within three weeks after a demand therefor.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-661 - Liabilities of parents or legal guardians for malicious or wilful misconduct of minors

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.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-671 - Drawing check or draft on no account or insufficient account with intent to defraud; civil action; definition of credit; prima facie evidence

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.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-683 - Affirmative defenses

12-683.
Affirmative defenses
In any product liability action,  a defendant shall not be liable if the defendant proves that any of the following applies:
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 intended consumer 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.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-685 - Contents of complaint; amount of recovery

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.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-686 - Inadmissible evidence

12-686.
Inadmissible evidence
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 warnings,  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.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-687 - Reasonable remedial measures; cause of action; punitive damages

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.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-688 - Duty to warn; food products

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.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-691 - Civil liability for shoplifting; adult; emancipated minor

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.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-692 - Shoplifting by unemancipated minor; liability of parent or guardian; foster parents

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 4,  article 4 or 5.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-693 - Conviction for shoplifting; admissibility

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.
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-701 - Drugs; exemplary or punitive damages; definition

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)).
2023 Arizona Revised Statutes › Title 12 - Courts and Civil Proceedings › § 12-711 - Affirmative defense; limitation

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 or,  if the claimant is an heir or the estate of a deceased person,  the decedent was under the influence of an intoxicating liquor or a drug and as a result of that influence the claimant or decedent was at least fifty per cent responsible for the accident or event that caused the claimant's or decedent's harm.