40-1304. Liability for causing wildfires; severability
445 words·~2 min read·
/az/title-40/40-1304A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. For any cause of action for negligence against an electric utility that is related to a wildfire, an electric utility that acts in compliance with the approved wildfire mitigation plan is deemed to meet the standard of care for a reasonably prudent electric utility. A party that asserts a cause of action for negligence shall prove that a failure to comply with the approved wildfire mitigation plan was a proximate cause of any loss, injury or other harm alleged.
B. Notwithstanding subsection A of this section, an electric utility that engages in wilful, intentional or reckless misconduct that causes a wildfire is not deemed to meet the standard of care for a reasonably prudent electric utility. A failure to comply with an approved wildfire mitigation plan does not constitute negligence per se. A public power entity's or electric utility's wildfire mitigation plan shall not be admissible as evidence against another public power entity or electric utility in a civil action that arose out of a wildfire.
C. An electric utility shall not be apportioned any proportion of fault for the ignition of a wildfire from sources that are outside of the electric utility's control, including lightning strikes or actions by third parties.
D. An electric utility shall not be apportioned any proportion of fault for vegetation or other wildfire risks outside of the electric utility's right-of-way, lease or other property rights or areas in which the electric utility has been delayed in accessing or denied access to for purposes of performing vegetation management if the delay or denial is outside of the electric utility's reasonable control.
E. A claim for condemnation or inverse condemnation shall not exist against an electric utility related to wildfires.
F. In an action against an electric utility to recover any damages that result from a wildfire, neither exemplary nor punitive damages of any kind may be recovered, only provided, however, that after it has been established that an electric utility, which is not an electric cooperative, is liable for personal injury or bodily harm that results from a wildfire, such damages may be sought if the plaintiff proves by clear and convincing evidence that the defendant electric utility's conduct was both:
1. Outrageous, oppressive or intolerable.
2. Consciously pursued knowingly or with intentional disregard that the conduct created a substantial risk of significant physical injury to others.
G. If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application and to this end the provisions of this chapter are severable.