12-2509. Scope of contribution and comparative negligence
200 words·~1 min read·
/az/title-12/12-2509A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.