Skip to content Two assumptions end more Scottsdale injury claims than any legal defense does. The first is that signing a waiver settled the question. The second is that everyone has two years to act. Both are wrong often enough to matter, and Arizona law is unusually favorable on the first point. A Scottsdale personal injury lawyer’s early work is mostly about correcting those two beliefs before they become permanent.
Not in Arizona, and this state is close to alone on it. Scottsdale runs on activities that come with a signature: resort spas and pools, gyms and fitness studios, golf courses, equestrian facilities, guided desert tours, and adventure operators. Most people assume the release they initialed on a tablet is the end of the matter.
Article 18, Section 5 of the Arizona Constitution says otherwise: the defense of contributory negligence or of assumption of risk shall, in all cases whatsoever, be a question of fact and shall, at all times, be left to the jury.
Arizona courts have given that language real teeth:
In Brannigan v. Raybuck, the Arizona Supreme Court held it is constitutionally forbidden for an Arizona court to enter summary judgment for a defendant on the ground of assumption of risk.
In Phelps v. Firebird Raceway, Inc., the court held the provision expresses contractual assumption of risk meaning even a signed, well-drafted waiver does not dispose of a case as a matter of law. Whether you actually assumed the risk goes to a jury.
Practically: a waiver is evidence, not a verdict. It does not entitle a defendant to summary judgment, and a jury may decline to apply it. Only one other state has an identical constitutional provision, which is why waiver outcomes elsewhere are a poor guide to what happens here.
You can still recover, reduced by your share and the jury decides that share, not the adjuster. Arizona applies pure comparative negligence under A.R.S. § 12-2505, with no percentage cutoff. A claimant found 70% responsible may still recover 30% of proven damages.
The statute mirrors the constitutional language: contributory negligence and assumption of risk are questions of fact left to the jury, and the jury may decline to apply either even where the evidence seems clear. On a claim valued at $150,000, an assigned 30% removes $45,000 which is exactly why an adjuster states a fault percentage early and treats it as settled. It is a negotiating position. See Arizona comparative negligence laws.
The two-year rule has exceptions that run much shorter. Most injury claims fall under A.R.S. § 12-542, two years from the date of injury or, in a wrongful death action, the date of death. But:
Claim type | Deadline |
Most injury claims A.R.S. § 12-542 | 2 years |
Strict liability dog bite A.R.S. § 11-1025 | 1 year, under A.R.S. § 12-541 |
Claim against a public entity A.R.S. § 12-821.01 | 180 days to serve notice, then 1 year to file |
Injured minors A.R.S. § 12-502 | Generally tolled until age 18 |
The dog bite gap catches people constantly. Arizona imposes strict liability on dog owners under A.R.S. § 11-1025, with no requirement to prove the dog had ever bitten before and no “one free bite” rule. But because that liability is created by statute, the limitation period is one year, not two. A negligence claim against the same owner carries the ordinary two years, so the practical rule is to treat one year as the deadline. Provocation under A.R.S. § 11-1027 is the principal defense.
Where the City of Scottsdale, Maricopa County, or the State may share responsibility, a notice of claim generally must be served within 180 days on the official authorized to accept service, stating a specific settlement amount with supporting facts. Negotiations toll none of this. See the statute of limitations in Arizona.
Not Scottsdale City Court. The municipal court handles city code violations, misdemeanors, and traffic citations. If the driver who hit you was cited, that citation is resolved there but your injury claim is not, and the two proceed separately.
Civil injury suits above $10,000 are filed in Maricopa County Superior Court, which covers essentially every Scottsdale claim involving surgery, hospitalization, or meaningful lost income. Smaller matters go to a Maricopa County justice court, which handles civil suits up to $10,000 and small claims up to $3,500.
Venue generally follows where the injury occurred rather than where you live relevant if you were hurt while visiting from out of state, which happens often here.
Traffic volume on the Loop 101 Pima Freeway, Scottsdale Road, Shea Boulevard, and Pima Road drives the car accident and rear-end caseload, while Old Town’s density at closing time produces impaired driving and rideshare collisions in concentrated hours.
Riders and people on foot absorb impact with no vehicle structure around them, which is why motorcycle, bicycle, and pedestrian claims skew toward catastrophic outcomes the territory of traumatic brain injury and spinal cord injury claims. We also handle truck, distracted driving, hit-and-run, and uninsured motorist claims.
Often the real ceiling on a claim. A.R.S. § 28-4009 sets Arizona’s minimum liability limits at $25,000 per person and $50,000 per accident for bodily injury, plus $15,000 property damage. A single surgery can exhaust the per-person minimum before lost wages enter the conversation.
The work becomes locating every layer: your own underinsured motorist coverage for the gap, uninsured motorist coverage if the at-fault party had none or fled, a commercial policy behind a work vehicle, tiered rideshare coverage, or a homeowner’s or business liability policy in a premises case. Insurers must offer UM and UIM under A.R.S. § 20-259.01, but buying it is optional, check your declarations page, and see how uninsured motorist coverage works.
Jason A. Harris has practiced personal injury and workers’ compensation law in Arizona since 2006 and has represented thousands of injury clients. Clients speak with him directly rather than being routed to a case manager, and the firm is reachable outside standard business hours.
The dual practice matters when an injury happens on the clock, because a workers’ compensation claim and a third-party claim run on separate tracks with different deadlines and different lienholders see how the two differ.
Cases are handled on a contingency fee: no retainer, no hourly billing, and no attorney fee unless compensation is recovered. Case costs are advanced and reimbursed from any recovery, set out in writing before you sign. Consultations are free. See what a personal injury lawyer costs in Arizona.
Possibly. Under Article 18, Section 5 of the Arizona Constitution, assumption of risk is always a question of fact for the jury, and the Arizona Supreme Court has held that this reaches express contractual waivers. A signed release does not automatically entitle a defendant to summary judgment, and a jury may decline to apply it. The waiver is evidence, not an automatic bar.
Generally, you have two years from the date of injury under A.R.S. § 12-542. Shorter deadlines apply in specific situations: one year for a strict liability dog bite claim, and 180 days to serve a notice of claim where a public entity may be responsible, followed by one year to file suit.
Arizona’s dog bite liability is created by statute. A.R.S. § 11-1025 imposes strict liability on owners, but claims based on statutory liability fall under the one-year period in A.R.S. § 12-541 rather than the general two-year rule. A separate negligence claim allows two years, so most cases are filed within one year to preserve both.
Maricopa County Superior Court generally handles claims above $10,000, which covers most injury cases involving significant treatment. Claims up to $10,000 generally go to a Maricopa County justice court, with small claims up to $3,500. Scottsdale City Court does not hear civil injury suits; it handles code violations, misdemeanors, and traffic citations.
In Arizona, generally in Maricopa County Superior Court because venue typically follows where the injury occurred. Arizona’s deadlines apply to you regardless of your home state’s rules. You can treat with doctors at home, but getting evaluated before you leave can help prevent insurers from arguing about when the injury occurred.
No. Cases are handled on a contingency fee, meaning attorney fees are a percentage of any recovery, and there is no attorney fee if nothing is recovered. Case costs are advanced and reimbursed from the recovery, and the fee agreement sets out the terms in writing before you sign anything.
If a waiver was signed, if a dog was involved, or if a public entity may share responsibility, the timeline is shorter or the analysis different than most people assume. A conversation costs nothing.
Harris Injury Law, PLLC 1136 E Campbell Ave, Phoenix, AZ 85014 (480) 800-4878
Scottsdale personal injury attorneys serving Scottsdale and Maricopa County. Request a free consultation or meet our attorneys. Every case is different and depends on its own facts; no outcome can be promised or predicted.
This page provides general information about Arizona law and is not legal advice. Reading it does not create an attorney-client relationship. Arizona law changes, and outcomes depend on the specific facts of a claim. Consult a licensed Arizona attorney about your situation.
Reviewed by Jason A. Harris, Harris Injury Law, PLLC.
to assist you with personal injury case.
Call or text now for a free consultation.
After my car accident on Shea Boulevard, I was overwhelmed. Jason took my injury claim seriously, guided me through medical bills, spoke directly with the insurance company, and secured a maximum compensation that covered everything. Zero stress, total relief.”
⭐⭐⭐⭐⭐
Samantha G., Scottsdale
“My construction accident led to serious spinal cord injuries and lost wages. Harris Injury Law managed everything, from police reports and witness statements to settlement negotiations. Their team got me fair compensation and peace of mind.”
⭐⭐⭐⭐⭐
Miguel R., Scottsdale
“We lost a loved one in a tragic collision, a devastating wrongful death case. Jason handled it with empathy and determination. The resulting settlement gave us closure and financial security.”
⭐⭐⭐⭐⭐
The Patel Family, Scottsdale
Located at 1136 E Campbell Ave, Phoenix, AZ 85014. Harris Injury Law, PLLC specializes in auto and truck accidents and workers’ compensation. Speak directly with your lawyer from the beginning. Same-day and emergency consultations are available. You never pay out of pocket. Call us at any time – 24/7.
Optimized by Seraphinite Accelerator