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Negligence Doctrine: Pure Comparative Negligence

Circuit # 9

Med Pay Subrogation - No

PIP Subrogation - No

Statute of Limitations

Statute of Repose: Products 12 years
Statute of Repose: Real Property 8 years
Breach of Contract (Written) 6 years
Personal Property 2 years
Personal Injury 2 years
Warranty 4 years


Sue Owner for Negligence - NO unless negligent entrustment or agency or in an employment situation

Suspend Owner's License - YES

Deductible Reimbursement

Pro Rata State 
- Title 20, Chapter 6, Department of Insurance § R20-6-801


(Note: ALL states allow garnishment for child support, alimony, taxes and federal student loans)

Wages and earnings are garnishable; “Earnings” are broadly defined to include all forms of compensation; 25% of the statutory net disposable earnings of debtor but Court may reduce to as low as 15%

Parental Responsibility

Minor (Under 18)
Dollar Limit on Parents’ Liability: $10,000
Liable for child’s willful or malicious damage to person or property, including theft or shoplifting
 A.R.S. §12-541
Parental liability for a minor involved in traffic accident for unlimited sum if the parent signed the driver’s license application for a minor.  1 year Statute of Limitations against parent(s).

Subrogation by Landlord's Carrier against Tenant

Not clear, look to lease

State Specific Information: Subrogation laws and trends are constantly changing. Maybank & Owings, LLC strives to keep the state specific information up to date with reference to applicable case law, statutory law and/or interpretations provided to it by its network of local attorneys for each jurisdiction. However, it is possible the information or citation(s) may become outdated or superseded by new law(s) for the applicable jurisdiction so all users of this site should formerly retain and consult with their own attorney as to any specific claim in the jurisdiction where the claim arose. The state specific information contained on this site should not be construed as legal advice by Maybank & Owings, LLC nor relied on for any specific claim or factual situation. If you have a specific subrogation question or if you notice an error in the information provided on this site, please contact us.

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