A.R.S. tit. 12 ch. 5 — Arizona Revised Statutes Title 12 Chapter 5 — Limitations Of Actions

12-501. Effect of absence from state When a person against whom there is a cause of action is without the state at the time the cause of action accrues or at any time during which the action might have been maintained, such action may be brought against the person after his return to the state. The time of such person's absence shall not be counted or taken as a part of the time limited by the provisions of this chapter. 12-502. Effect of minority or insanity If a person entitled to bring an action other than those set forth in article 2 of this chapter is at the time the cause of action accrues either under eighteen years of age or of unsound mind, the period of such disability shall not be deemed a portion of the period limited for commencement of the action. Such person shall have the same time after removal of the disability which is allowed to others. 12-503. Tacking of disabilities prohibited The period of limitation shall not be extended by the connection of one disability with another. When the law of limitation begins to run it shall continue to run notwithstanding a supervening disability of the party entitled to sue or liable to be sued. 12-504. Saving of action timely commenced; defense or counterclaim; improper plaintiff; applicability A. If an action is commenced within the time limited for the action, and the action is terminated in any manner other than by abatement, voluntary dismissal, dismissal for lack of prosecution or a final judgment on the merits, the plaintiff, or a successor or personal representative, may commence a new action for the same cause after the expiration of the time so limited and within six months after such termination. If an action timely commenced is terminated by abatement, voluntary dismissal by order of the court or dismissal for lack of prosecution, the court in its discretion may provide a period for commencement of a new action for the same cause, although the time otherwise limited for commencement has expired. Such period shall not exceed six months from the date of termination. B. The provisions of subsection A apply to judgments on appeal. The date of issuance of the mandate by the appellate court constitutes the date of termination of the action for the purposes of computing the time limited for commencement of the new action. C. If a new action on the same cause of action is commenced by the plaintiff, his successor or his personal representative, the assertion of any cause of action or defense by the defendant in the new action is timely if it was or could have been timely asserted in the prior action. D. If an action timely commenced is dismissed because the named plaintiff is not the proper party to bring the action, the provisions of this section apply to an action subsequently brought by the proper party, provided that the dismissed action was sufficient to put the defendant on notice of the claim sought to be asserted. E. The provisions of this section are applicable to actions terminated by orders of dismissal entered on or after the effective date of this section. 12-505. Effect of statute changing limitation A. An action barred by pre-existing law is not revived by amendment of such law enlarging the time in which such action may be commenced. B. If an action is not barred by pre-existing law, the time fixed in an amendment of such law shall govern the limitation of the action. C. If an amendment of pre-existing law shortens the time of limitation fixed in the pre-existing law so that an action under pre-existing law would be barred when the amendment takes effect, such action may be brought within one year from the time the new law takes effect, and not afterward. 12-506. Action barred by foreign statute of limitation, bankruptcy or insolvency A. No action shall be maintained against a person removing to this state from another state or foreign country to recover upon an action which was barred by the law of limitations of the state or country from which he migrated. B. No action shall be brought to recover money from an immigrant who was released from its payment by the bankruptcy or insolvency laws of the state or country from which he migrated. 12-507. Action against person removing to this state No demand against a person who removes to this state, incurred prior to his removal, shall be barred by the statute of limitation until he has resided in this state one year, unless barred at the time of his removal to this state by the laws of the state or country from which he migrated. 12-508. Effect of acknowledgment upon barred action When an action is barred by limitation no acknowledgment of the justness of the claim made subsequent to the time it became due shall be admitted in evidence to take the action out of the operation of the law, unless the acknowledgment is in writing and signed by the party to be charged thereby. 12-509. Presumption of death from five year absence; restoration of estate recovered upon presumption A. A person absenting himself from the place of his last domicile for five years successively shall be presumed dead in any action wherein his death comes in question, unless proof is made that he was alive within that time. B. Except as otherwise provided in section 14-3412, if in a subsequent action the person presumed, under subsection A, to be dead is proved to be living, the estate shall be restored to him and he may moreover demand and recover the rents and profits of the estate during the time that he has been deprived thereof, with interest. 12-510. Exemption of state from limitations Except as provided in section 12-529, the state shall not be barred by the limitations of actions prescribed in this chapter. 12-511. Civil action arising from criminal conduct; definitions A. Notwithstanding sections 12-505 and 12-542, if a defendant is charged by a criminal complaint or indictment the statute of limitations for any civil cause of action that is brought by a victim against the defendant for criminal conduct against the victim is extended for one year from the final disposition of the criminal proceedings, regardless of whether the defendant is convicted of criminal conduct against the victim. B. There is no duty under a policy of insurance to defend or indemnify for any loss resulting from criminal conduct if the civil action is not commenced within the time period that would be applicable without any tolling or extension of the statute of limitations pursuant to this section. C. This section does not toll or extend any statute of limitations applicable to a civil cause of action brought against the employer or former employer of any defendant who is subject to this section. D. This section does not shorten any other applicable tolling provisions. E. In any action brought pursuant to this section, the standard of proof is by the preponderance of the evidence. F. This section applies to all cases in which the victim files a civil action within one year after the final disposition of the defendant's criminal proceedings, regardless of when the defendant committed the criminal conduct. G. For the purposes of this section: 1. "Civil cause of action" means any civil claim that the victim could have brought against the defendant for criminal conduct committed against the victim regardless of whether any of these incidents was criminally prosecuted. 2. "Criminal conduct": (a) Means any act, including all preparatory offenses, in violation of section 13-1103, 13-1104, 13-1105, 13-1202, 13-1203, 13-1204, 13-1208, 13-1304, 13-1404, 13-1405, 13-1406, 13-1410, 13-1417, 13-2314.04, 13-2915, 13-2916, 13-2921, 13-2921.01, 13-3019, 13-3552, 13-3553, 13-3554, 13-3601 or 13-3601.02. (b) Includes any act involving sexual assault of a spouse that was committed before the effective date of this amendment to this section. 3. "Defendant" means a natural person. 4. "Final disposition" has the same meaning prescribed in sections 8-382 and 13-4401. 5. "Victim" has the same meaning prescribed in sections 8-382 and 13-4401. 12-512. Punitive damages awards; illegal aliens A person who is present in this state in violation of federal immigration law related to improper entry by an alien shall not be awarded punitive damages in any action in any court in this state. 12-513. Civil action arising from unlawful mutilation; statute of limitation; treble damages A. Notwithstanding sections 12-505, 12-511 and 12-542, an action for the recovery of damages based on the commission against the plaintiff of an act in violation of section 13-1214 or 13-3620 if the violation involved the failure to report unlawful mutilation shall be commenced not later than ten years from the date the plaintiff turns eighteen years of age or six years after the effective date of this section, whichever is longer. B. If judgment is entered for the plaintiff, the court shall award the plaintiff treble damages, costs and reasonable attorney fees. 12-514. Civil action arising from sexual conduct or sexual contact committed against a minor; failure to report; statute of limitations; definitions A. Notwithstanding sections 12-505, 12-511 and 12-542, an action for the recovery of damages that is based on either of the following shall be commenced within twelve years after the plaintiff reaches eighteen years of age and not afterward: 1. An injury that a minor suffers as a result of another person's negligent or intentional act if that act is a cause of sexual conduct or sexual contact committed against the minor. 2. The failure to report pursuant to section 13-3620 sexual conduct or sexual contact committed against a minor. B. For the purposes of this section: 1. "Person" means an individual, the United States, this state or a public or private corporation, local government unit, public agency, partnership, association, firm, trust or estate or any other legal entity. 2. "Sexual conduct" means sexual conduct as proscribed by section 13-1405. 3. "Sexual contact" has the same meaning prescribed in section 13-1401. 12-515. Emergency declaration for a public health pandemic; immunity from liability; burden of proof; presumption; applicability; definition A. If the governor declares a state of emergency for a public health pandemic pursuant to title 26, chapter 2, a person or provider that acts in good faith to protect a customer, student, tenant, volunteer, patient, guest or neighbor or the public from injury from the public health pandemic is not liable for damages in any civil action for any injury, death or loss to person or property that is based on a claim that the person or provider failed to protect the customer, student, tenant, volunteer, patient, guest, neighbor or public from the effects of the public health pandemic unless it is proven by clear and convincing evidence that the person or provider failed to act or acted and the failure to act or action was due to that person's or provider's wilful misconduct or gross negligence. A person or provider is presumed to have acted in good faith if the person or provider adopted and implemented reasonable policies related to the public health pandemic. B. This section applies to all claims that are filed before or after September 29, 2021 for an act or omission by a person or provider that occurred on or after March 11, 2020 and that relates to a public health pandemic that is the subject of the state of emergency declared by the governor. C. This section does not apply to any claim that is subject to title 23, chapter 6. D. For the purposes of this section, "provider" means any of the following: 1. A person who furnishes consumer or business goods or services or entertainment. 2. An educational institution or district. 3. A school district or charter school. 4. A property owner, property manager or property lessor or lessee. 5. A nonprofit organization. 6. A religious institution. 7. This state or an agency or instrumentality of this state. 8. A local government or political subdivision of this state, including a department, agency or commission of a local government or political subdivision of this state. 9. A service provider as defined in section 36-551. 10. A health professional as defined in section 32-3201, including a person who is supervised by the health professional in the course of providing health care services. 11. A health care institution as defined in section 36-401. 12-516. Emergency declaration for a public health pandemic; health professionals; health care institutions; immunity; burden of proof; presumption; applicability; definitions A. If the governor declares a state of emergency for a public health pandemic pursuant to title 26, chapter 2, a health professional or health care institution that acts in good faith is not liable for damages in any civil action for an injury or death that is alleged to be caused by the health professional's or health care institution's action or omission while providing health care services in support of this state's response to the state of emergency declared by the governor unless it is proven by clear and convincing evidence that the health professional or health care institution failed to act or acted and the failure to act or action was due to that health professional's or health care institution's wilful misconduct or gross negligence. B. Subsection A of this section applies to any action or omission that is alleged to have occurred during a person's screening, assessment, diagnosis or treatment and that is related to the public health pandemic that is the subject of the state of emergency or any action or omission that occurs in the course of providing a person with health care services and that is unrelated to the public health pandemic that is the subject of the state of emergency if the health professional's or health care institution's action or omission was in good faith support of this state's response to the state of emergency, including any of the following: 1. Delaying or canceling a procedure that the health professional determined in good faith was a nonurgent or elective dental, medical or surgical procedure. 2. Providing nursing care or procedures. 3. Altering a person's diagnosis or treatment in response to an order, directive or guideline that is issued by the federal government, this state or a local government. 4. An act or omission undertaken by a health professional or health care institution because of a lack of staffing, facilities, equipment, supplies or other resources that is attributable to the state of emergency and that renders the health professional or health care institution unable to provide the level or manner of care to a person that otherwise would have been required in the absence of the state of emergency. C. A health professional or health care institution is presumed to have acted in good faith if the health professional or health care institution relied on and reasonably attempted to comply with applicable published guidance relating to the public health pandemic that was issued by a federal or state agency. This subsection does not prohibit a party from introducing any other evidence that proves the health professional or health care institution acted in good faith. D. In the case of a claim against a nursing care institution or residential care institution in which the care in question did not directly relate to the public health pandemic, the burden is on the facility to prove that the act or omission was a direct result of having to provide care to patients needing treatment for the pandemic or due to limitations in equipment, supplies or staff caused by the pandemic. E. This section applies to all claims that are filed before or after September 29, 2021 for an act or omission by a person that occurred on or after March 11, 2020 and that relates to a public health pandemic that is the subject of the state of emergency declared by the governor. F. This section does not apply to any claim that is subject to title 23, chapter 6. G. For the purposes of this section: 1. "Health care institution" has the same meaning prescribed in section 36-401 and includes an ambulance service as defined in section 36-2201. 2. "Health professional": (a) Has the same meaning prescribed in section 32-3201. (b) Includes an air ambulance attendant and ambulance attendant as defined in section 36-2201. 12-521. Definitions A. In this article, unless the context otherwise requires: 1. "Adverse possession" means an actual and visible appropriation of the land, commenced and continued under a claim of right inconsistent with and hostile to the claim of another. 2. "Peaceable possession" means possession which is continuous, and not interrupted by an adverse action to recover the estate. 3. "Real property" includes mines and mining claims. B. "Peaceable and adverse possession" need not be continued in the same person, but when held by different persons successively there must be a privity of estate between them. 12-522. Real property claimed only by right of possession; two year limitation When a party in possession claims real property by right of possession only, actions to recover possession from him shall be commenced within two years after the cause of action accrues and not afterward. In such actions defendant is not required to show title or color of title from and under the sovereignty of the soil as against the plaintiff who shows no better right. 12-523. Real property in adverse possession under title or color of title; three year limitation A. An action to recover real property from a person in peaceable and adverse possession under title or color of title shall be commenced within three years after the cause of action accrues, and not afterward. B. "Title" means a regular chain of transfer from or under sovereignty of the soil. "Color of title" means a consecutive chain of such transfer down to the person in possession without being regular, as if one or more of the memorials or muniments is not recorded or not duly recorded or is only in writing, or such like defect as does not extend to or include the want of intrinsic fairness and honesty, or when the party in possession holds the real property by a land warrant or land scrip, with a chain of transfer down to him in possession. 12-525. Real property in adverse possession and use under duly recorded deed with possessor paying taxes; five year limitation; exception A. An action to recover real property from a person in peaceable and adverse possession, and cultivating, using or enjoying the property, and paying taxes thereon, and claiming under a deed or deeds duly recorded, shall be commenced within five years after the cause of action accrues, and not afterward. B. This section shall not apply to anyone in possession of land, who in the absence of this section would claim title through a forged deed, and no one claiming under a forged deed or a deed executed under a forged power of attorney shall be allowed the benefits of this section. 12-526. Real property in adverse possession and use by possessor; ten year limitation; limit of area; fixing of boundaries under duly recorded memorandum of title A. A person who has a cause of action for recovery of any lands, tenements or hereditaments from a person having peaceable and adverse possession thereof, cultivating, using and enjoying such property, shall commence an action therefor within ten years after the cause of action accrues, and not afterward. B. The peaceable and adverse possession referred to in subsection A shall not embrace more than one hundred and sixty acres, including the improvements or the number of acres actually enclosed if less than one hundred and sixty acres is so enclosed, but when such adverse possession is taken and held under some written memorandum of title other than a deed which fixes the boundaries of the possessor's claim and is duly recorded, such possession shall be construed to be coextensive with the boundaries specified in such instrument. 12-527. Effect of limitation on title When an action for recovery of real property is barred by any provision of this article, the person who pleads and is entitled to the bar shall be held to have full title precluding all claims. 12-528. Persons under disability A. If a person entitled to commence an action for recovery of real property, or to make any defense founded on the title to real property, is at the time the adverse possession commences or the title first descends under eighteen years of age or of unsound mind, the period of such disability shall not be deemed a portion of the time limited for bringing such action or making such defense. Such person shall have the same time, after the removal of the disability, which is allowed to others. B. If a person entitled to commence an action for recovery of real property, or to make any defense founded on the title to real property, is at the time the adverse possession commences or the title first descends imprisoned, the period of such disability shall exist only until such imprisoned person discovers the right to bring the action or make the defense or with the exercise of reasonable diligence should have discovered the right to bring the action or make the defense, whichever occurs first, and such person shall have the same time after the disability ceases to exist which is allowed to others. 12-529. Defenses available for certain actions by the state or person claiming through the state Any action brought by this state or any person claiming through this state for lands, or for the rents or profits from lands, based on a claim of navigability of any watercourse, as defined in section 37-1101, except the Colorado River, is subject to all legal and equitable defenses which would be available if the claimant were not this state or a private person or political subdivision of this state claiming through this state. 12-530. Home inspector liability; four year limitation A homeowner who has a cause of action for damages against a home inspector who is certified pursuant to title 32, chapter 1 shall commence the action within four years after the cause of action accrues. 12-531. Real estate appraiser liability; four-year limitation; exception; definition A. A person who has a cause of action for damages against a real estate appraiser for malpractice, negligence, an error, a mistake, an omission or a breach in connection with a real estate appraisal or an appraisal-related service, whether based in contract or tort, shall commence the action before the earlier of: 1. The expiration of the applicable statute of limitations for the type of claim that is being pursued if the length of time after the report date to the expiration of the statute of limitations does not exceed four years. For the purposes of this paragraph, "report date" means the date on which the real estate appraisal giving rise to the action was completed or should have been completed. 2. Four years after the date on which the appraisal-related service giving rise to the action was performed or should have been performed. B. The statute of limitations prescribed in subsection A of this section does not apply to a claim that alleges that an appraiser knowingly and intentionally committed fraud or knowingly and intentionally made a gross misrepresentation when performing a real estate appraisal or when providing an appraisal-related service. C. For the purposes of this section, "real estate appraiser" means any of the following: 1. A state-licensed appraiser. 2. A state-certified residential appraiser. 3. A state-certified general appraiser. 4. A state-registered trainee appraiser. 5. Any agent, employee, employer or firm of a person who is listed in paragraph 1, 2, 3, or 4 of this subsection. 12-541. Malicious prosecution; false imprisonment; libel or slander; seduction or breach of promise of marriage; breach of employment contract; wrongful termination; liability created by statute; one year limitation There shall be commenced and prosecuted within one year after the cause of action accrues, and not afterward, the following actions: 1. For malicious prosecution, or for false imprisonment, or for injuries done to the character or reputation of another by libel or slander. 2. For damages for seduction or breach of promise of marriage. 3. For breach of an oral or written employment contract including contract actions based on employee handbooks or policy manuals that do not specify a time period in which to bring an action. 4. For damages for wrongful termination. 5. Upon a liability created by statute, other than a penalty or forfeiture. 12-542. Injury to person; injury when death ensues; injury to property; conversion of property; forcible entry and forcible detainer; two year limitation Except as provided in section 12-551 there shall be commenced and prosecuted within two years after the cause of action accrues, and not afterward, the following actions: 1. For injuries done to the person of another including causes of action for medical malpractice as defined in section 12-561. 2. For injuries done to the person of another when death ensues from such injuries, which action shall be considered as accruing at the death of the party injured. 3. For trespass for injury done to the estate or the property of another. 4. For taking or carrying away the goods and chattels of another. 5. For detaining the personal property of another and for converting such property to one's own use. 6. For forcible entry or forcible detainer, which action shall be considered as accruing at the commencement of the forcible entry or detainer. 12-543. Oral debt; stated or open account; relief on ground of fraud or mistake; three year limitation There shall be commenced and prosecuted within three years after the cause of action accrues, and not afterward, the following actions: 1. For debt where the indebtedness is not evidenced by a contract in writing. 2. Upon stated or open accounts other than such mutual and current accounts as concern the trade of merchandise between merchant and merchant, their factors or agents, but no item of a stated or open account shall be barred so long as any item thereof has been incurred within three years immediately prior to the bringing of an action thereon. 3. For relief on the ground of fraud or mistake, which cause of action shall not be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud or mistake. 12-544. Bond to convey realty; partnership account; account between merchants; judgment or instrument given or made without the state; four year limitation There shall be commenced and prosecuted within four years after the cause of action accrues, and not afterward, the following actions: 1. For the penalty or for damages on the penal clause of a bond to convey real property. 2. By one partner against his copartner for a settlement of the partnership account, or upon mutual and current accounts concerning the trade of merchandise between merchant and merchant, their factors or agents, and the cause of action shall be considered as having accrued upon a cessation of the dealings in which they were interested together. 3. Upon a judgment or decree of a court rendered without the state, or upon an instrument in writing executed without the state. This paragraph does not apply to a judgment for support, as defined in section 25-500, and to associated costs and attorney fees. 4. An action arising under the provisions of title 47, chapter 2, for breach of any contract of sale, which action shall be governed by section 47-2725, notwithstanding any other provision of this section or of section 12-543 or 12-548. 12-545. Bond of personal representative or guardian; four year limitation An action on the bond of an executor, administrator or guardian shall be commenced and prosecuted within four years after the death, resignation, removal or discharge of such executor, administrator or guardian, and not afterward. 12-546. Specific performance of contract to convey realty; four year limitation An action for specific performance of a contract for the conveyance of real property shall be commenced within four years after the cause of action accrues, and not afterward. 12-547. Failure to make return on execution; five year limitation When execution has issued and no return is made thereon, the party in whose favor the execution was issued may proceed against the sheriff or other officer and his sureties for not making return within five years from the day on which it was returnable, and not afterward. 12-548. Contract in writing for debt; six year limitation; choice of law A. An action for debt shall be commenced and prosecuted within six years after the cause of action accrues, and not afterward, if the indebtedness is evidenced by or founded on either of the following: 1. A contract in writing that is executed in this state. 2. A credit card as defined in section 13-2101, paragraph 3, subdivision (a). B. If there is a conflict between another jurisdiction and this state relating to the statute of limitations for a debt action as described in subsection A of this section, this section applies. 12-549. Foreign judgment An action upon a judgment or decree rendered in another state or foreign country shall be barred if by the laws of such state or country such action would there be barred and the judgment or decree is incapable of being otherwise enforced there. 12-550. General limitation Actions other than for recovery of real property for which no limitation is otherwise prescribed shall be brought within four years after the cause of action accrues, and not afterward. 12-551. Product liability A product liability action as defined in section 12-681 shall be commenced and prosecuted within the period prescribed in section 12-542, except that no product liability action may be commenced and prosecuted if the cause of action accrues more than twelve years after the product was first sold for use or consumption, unless the cause of action is based upon the negligence of the manufacturer or seller or a breach of an express warranty provided by the manufacturer or seller. 12-552. Actions involving development of real property design, engineering and construction of improvements A. Notwithstanding any other statute, an action or arbitration based in contract may not be instituted or maintained against a person who develops or develops and sells real property, or performs or furnishes the design, specifications, surveying, planning, supervision, testing, construction or observation of construction of an improvement to real property more than eight years after substantial completion of the improvement to real property. B. Notwithstanding any other statute, a municipality or a county may not institute or maintain an action or arbitration against a person who develops or develops and sells real property or performs or furnishes the design, specifications, surveying, planning, supervision, testing, construction or observation of construction of an improvement to real property that is dedicated to the municipality or county more than eight years after the improvement to real property has been accepted by the municipality or county for ownership, operation and maintenance if the action or arbitration is based on either: 1. A municipal or county code, ordinance or other legal requirement. 2. A permit that is required as a condition of development. C. The limitations of subsection B of this section do not apply to an action or arbitration that is based on a claim of a wilful, reckless or concealed violation of a municipal or county requirement. D. Subsection B of this section does not limit any immunity or defense that is available to a municipality or county pursuant to chapter 7, article 2 of this title. E. Notwithstanding subsection A or B of this section, in the case of injury to real property or an improvement to real property, if the injury occurred during the eighth year after the substantial completion or, in the case of a latent defect, was not discovered until the eighth year after substantial completion, an action to recover damages for injury to the real property may be brought within one year after the date on which the injury to real property or an improvement to real property occurred or a latent defect was discovered, but an action may not be brought more than nine years after the substantial completion of the improvement. F. The limitations in subsections A, B and E of this section include any action based on implied warranty arising out of the contract or the construction, including implied warranties of habitability, fitness or workmanship. G. This section does not apply to actions for personal injury or death or shorten the period of warranty provided in an express written warranty. H. For the purposes of subsections A, E and F of this section, an improvement to real property is considered substantially complete when any of the following first occurs: 1. It is first used by the owner or occupant of the improvement. 2. It is first available for use after having been completed according to the contract or agreement covering the improvement, including agreed changes to the contract or agreement. 3. Final inspection, if required, by the governmental body that issued the building permit for the improvement. I. In this section an action based in contract is an action based on a written real estate contract, sales agreement, construction agreement, conveyance or written agreement for construction or for the services set forth in subsection A of this section. This section does not extend the period prescribed by the laws of this state for bringing any action. If a shorter period of limitation is prescribed for a specific action, the shorter period governs. J. With respect to an improvement to real property that was substantially complete on or before September 15, 1989, the eight and nine-year periods established in subsections A and E of this section shall begin to run on September 15, 1989. Notwithstanding the provisions of subsection H of this section and section 12-505, subsection A, this subsection applies to claims that accrued before May 14, 1992. 12-553. Limited liability of equine owners and owners of equine facilities; exception; definitions A. An equine owner or an agent of an equine owner who regardless of consideration allows another person to take control of an equine is not liable for an injury to or the death of the person if: 1. The person has taken control of the equine from the owner or agent when the injury or death occurs. 2. The person or the parent or legal guardian of the person if the person is under eighteen years of age has signed a release before taking control of the equine. 3. The owner or agent has properly installed suitable tack or equipment or the person has personally tacked the equine with tack the person owned, leased or borrowed. If the person has personally tacked the equine, the person assumes full responsibility for the suitability, installation and condition of the tack. 4. The owner or agent assigns the person to a suitable equine based on a reasonable interpretation of the person's representation of his skills, health and experience with and knowledge of equines. B. Subsection A does not apply to an equine owner or agent of the equine owner who is grossly negligent or commits wilful, wanton or intentional acts or omissions. C. An owner, lessor or agent of any riding stable, rodeo ground, training or boarding stable or other private property that is used by a rider or handler of an equine with or without the owner's permission is not liable for injury to or death of the equine or the rider or handler. D. Subsection C does not apply to an owner, lessor or agent of any riding stable, rodeo ground, training or boarding stable or other private property that is used by a rider or handler of an equine if either of the following applies: 1. The owner, lessor or agent knows or should know that a hazardous condition exists and the owner, lessor or agent fails to disclose the hazardous condition to a rider or handler of an equine. 2. The owner, lessor or agent is grossly negligent or commits wilful, wanton or intentional acts or omissions. E. As used in this section: 1. "Equine" means a horse, pony, mule, donkey or ass. 2. "Release" means a document that a person signs before taking control of an equine from the owner or owner's agent and that acknowledges that the person is aware of the inherent risks associated with equine activities, is willing and able to accept full responsibility for his own safety and welfare and releases the equine owner or agent from liability unless the equine owner or agent is grossly negligent or commits wilful, wanton or intentional acts or omissions. 12-554. Limited liability; baseball facilities; definitions A. An owner is not liable for injuries to spectators who are struck by baseballs, baseball bats or other equipment used by players during a baseball game unless the owner either: 1. Does not provide protective seating that is reasonably sufficient to satisfy expected requests. 2. Intentionally injures a spectator. B. This section does not prevent or limit the liability of an owner who fails to maintain the premises of the baseball stadium in a reasonably safe condition. C. This section does not create an independent duty of care for a registered design professional or licensed contractor. D. A registered design professional or a licensed contractor who is involved in the design, construction or operation of the facility is not liable for injuries to spectators who are struck by baseballs, baseball bats or other equipment used by players during a baseball game unless a registered design professional or a licensed contractor either: 1. Does not provide for protective seating that is reasonably sufficient to satisfy expected requests. 2. Intentionally injures a spectator. E. This section does not prevent or limit liability of a registered design professional or a licensed contractor who fails to design, construct or operate the premises of the baseball stadium in a reasonably safe condition or manner. F. As used in this section: 1. "Baseball game" means an amateur or professional baseball game, whether for exhibition or competition. Baseball game includes pregame and postgame activities regardless of the time of day when the game is played. 2. "Owner" means a person, city, town, county, special district, limited liability company, school district, community college district, college or university that is in lawful possession and control of a baseball team or facility in which baseball games are played. Owner includes an employee or agent of the owner. 3. "Protective seating" means either: (a) An area in which a screen to prevent a ball or bat from entering the seating area exists between the spectator and the playing field. (b) An area that is reasonably safe for the avoidance of injuries from baseballs, baseball bats or other equipment used by players during a baseball game. 4. "Spectator" means a person who is present at a baseball game for the purpose of observing the game, whether or not the person pays an admission fee or is compensated to observe the game. 12-555. Uninsured and underinsured motorist coverage; claims; time limits A. An insurer is not liable for uninsured motorist coverage benefits unless the person making the claim gives written notice to the insurer of the person's intent to pursue the claim against the uninsured motorist portion of a motor vehicle policy within three years after the date of the accident that caused the bodily injury, except that a person may make an uninsured motorist claim within three years after the earliest of the following: 1. The date the person knew that the tortfeasor was uninsured. 2. The date the person knows or should have known that coverage was denied by the tortfeasor's insurer. 3. The date the person knows or should have known of the insolvency of the tortfeasor's insurer. B. An insurer is not liable for underinsured motorist coverage benefits unless the person making the claim gives written notice to the insurer of the person's intent to pursue the claim against the underinsured motorist portion of a motor vehicle policy within three years after the date of the accident that caused the bodily injury and the person has made a claim with the tortfeasor's insurer or filed an action against the tortfeasor within the time limits prescribed by section 12-542 or within the corresponding limitation period provided under the law of the location where the accident occurred. Notwithstanding this subsection, a person may make an underinsured motorist claim within three years after the date the person knows or should have known that the tortfeasor has insufficient liability insurance to cover the person's injuries. C. If settlement of an uninsured or underinsured motorist claim is not reached: 1. The insurer shall provide written notice to the person at the last known address on record with the insurer by first class mail, within two years after receiving the written notice prescribed in subsection A or B of this section, that the person must request arbitration or file suit pursuant to the terms of the insurance contract within three years after providing the written notice prescribed in subsection A or B of this section or the insurer is not liable for uninsured motorist coverage benefits or underinsured motorist coverage benefits. 2. A person shall request arbitration or file suit pursuant to the terms of the insurance contract within three years after providing the written notice prescribed in subsection A or B of this section. If the person does not comply with this paragraph, the insurer is not liable for uninsured motorist coverage benefits or underinsured motorist coverage benefits. D. An insurer shall bring an action for subrogation and reimbursement pursuant to section 20-259.01 within two years after the date the insurer first makes payment to the insured under the uninsured motorist coverage. 12-556. Limited liability; closed-course motor sport facility owners, lessors and operators; definitions A. A person who operates a closed-course motor sport facility may require a nongeneral spectator to sign a motor sport liability release form as a condition of admission into any nongeneral spectator area of the facility. A person or entity that owns, leases or operates a closed-course motor sport facility or that sponsors the motor sport event is not liable for an injury to or the death of a nongeneral spectator, unless the injury or death is a direct result of intentional misconduct or gross negligence, if the nongeneral spectator both: 1. Signed a motor sport liability release form. 2. Was injured within a nongeneral spectator area during the period of time covered by the motor sport liability release form. B. A motor sport liability release form shall be in at least eight point type. More than one person may sign a motor sport liability release form if the release form appears on each page or side of a page that is signed. C. For the purposes of this section: 1. "Closed-course motor sport facility" means a closed-course speedway or racetrack that is designed and intended for motor vehicle competition, exhibitions of speed or other forms of recreation involving the use of motor vehicles. 2. "Motor vehicle" means an automobile, motorcycle or other vehicle that is propelled by power, other than muscular power, that is used to transport persons and that operates within the confines of a closed-course motor sport track. 3. "Nongeneral spectator" means an event participant or attendee who seeks admission into the nongeneral spectator area. 4. "Nongeneral spectator area" means a posted area within a closed-course motor sport facility to which all of the following apply: (a) Admission to the area is conditioned on signing a motor sport liability release form. (b) The area is intended for event participants. (c) The area excludes the general spectator area. For the purposes of this subdivision, "general Spectator area" means an area within a closed-course motor sport facility that is open to the general public, whether or not admission is charged, and to which the general public has unrestricted access, including grandstands and other general admission seating or viewing areas. 5. "Posted" means a nongeneral spectator area: (a) That is enclosed by a fence or wall at least six feet high in all areas where nonparticipants may gain entry and at least three feet high in any other area. (b) In which signs with lettering at least four inches high reading "nongeneral spectator area" are displayed not more than five hundred feet from the entrance to the nongeneral spectator area and at each entrance to the nongeneral spectator area. 6. "Release" means a document that a nongeneral spectator signs before entering a nongeneral spectator area in a closed-course motor sport facility and that acknowledges that the nongeneral spectator is aware of the inherent risks associated with the nongeneral spectator's activities, is willing and able to accept full responsibility for the spectator's own safety and welfare and releases the owner or entity that owns, leases or operates the facility or that sponsors the motor sport event from liability pursuant to subsection A. 12-557. Possessors of land; limited liability for trespasser harm A. A possessor of real property, including an owner, easement holder, lessee, renter or other occupant, does not owe a duty of care to a trespasser except to refrain from causing intentional, wilful or wanton injury. B. This section does not establish or increase the liability of any possessor of real property and does not affect any immunities from or defenses to liability established by statute or available at common law to which a possessor of real property may be entitled. 12-558. Liability release agreement; space flight activities; definitions A. A space flight entity may enter into a liability release agreement with a space flight participant or crew to limit the entity's civil liability for a space flight participant's or crew's injury that arises out of space flight activities. B. The liability release agreement is valid and enforceable. C. For the purposes of this section: 1. "Crew" means an employee of a space flight entity or a space flight entity contractor, licensee or agent who performs space flight activities. 2. "Launch" means a placement or attempted placement of a launch vehicle and any spacecraft, payload, crew or space flight participant in a flight path targeted to exceed an altitude of sixty thousand feet, a suborbital trajectory, earth orbit or outer space, including activities involved in the preparation of a launch vehicle or spacecraft for launch. 3. "Launch vehicle" means a vehicle and its stages or components that are designed to operate in or place spacecraft, if any, in a suborbital trajectory, earth orbit or outer space. 4. "Reentry" means a return or attempted return to earth of a launch vehicle, a reentry vehicle and the spacecraft, payload, crew or space flight participant from a suborbital trajectory, earth orbit or outer space and includes activities involved in the recovery of a launch vehicle, reentry vehicle or spacecraft. 5. "Spacecraft" means any object and its components that are designed to be launched for operations in a suborbital trajectory, in earth orbit or in outer space and includes a satellite, a payload, an object carrying crew or a space flight participant and any subcomponents of the launch vehicle or reentry vehicle that are specifically designed or adapted for that object. 6. "Space flight activities" means activities and training in any phase of preparing for and undertaking space flight, including: (a) The research, development, testing or manufacturing of a launch vehicle, reentry vehicle or spacecraft. (b) The preparation of a launch vehicle, reentry vehicle, payload, spacecraft, crew or space flight participant for launch, space flight and reentry. (c) The conduct of the launch. (d) Conduct occurring between the launch and reentry. (e) The preparation of a launch vehicle, reentry vehicle, payload, spacecraft, crew or space flight participant for reentry. (f) The conduct of reentry and descent. (g) The conduct of the landing. (h) The conduct of postlanding recovery of a launch vehicle, reentry vehicle, payload, spacecraft, crew or space flight participant. 7. "Space flight entity" means a person that conducts space flight activities and that has obtained the appropriate federal aviation administration license or other authorization, including safety approval and a payload determination, and includes any of the following: (a) A manufacturer or supplier of components, services, spacecrafts, launch vehicles or reentry vehicles used by the entity and reviewed by the federal aviation administration as part of issuing the license or other authorization. (b) An employee, officer, director, owner, stockholder, member, manager, advisor or partner of the entity, manufacturer or supplier. (c) An owner or lessor of real property where space flight activities are conducted, including a municipality, county or political subdivision of this state with a contractual relationship with a space flight entity. (d) A municipality, county, economic development organization or other political subdivision in the territory or extraterritorial jurisdiction in which space flight activities are conducted. 8. "Space flight participant" means an individual who is not crew and who participates in space flight activities. 9. "Space flight participant's injury" means an injury sustained by a space flight participant and includes bodily injury, emotional distress, death, disability, property damage or any other loss arising from the individual's participation in space flight activities. 12-558.01. Actions related to the lawful discharge of a firearm; burden of proof; attorney fees and costs A. Notwithstanding any other law, the otherwise lawful discharge of a firearm or air gun or the use of archery equipment may not be enjoined except by: 1. An action maintained by the attorney general to abate a public nuisance pursuant to section 13-2917. 2. A private nuisance cause of action or an action based on negligence that is filed by a person who is occupying a permanent residence that is located within one-fourth mile of the location of the discharge or use. B. The burden of proof is clear and convincing evidence in an action that is filed pursuant to subsection A of this section or in an action for damages that is based on negligence in the otherwise lawful discharge of a firearm or air gun or the use of archery equipment on a private lot or parcel of land that is not open to the public on a commercial or membership basis and that is filed by a person who was not lawfully present at the same private lot or parcel of land at the time that the alleged discharge occurred. C. The prevailing party in an action filed pursuant to this section, except an officer or entity of this state, shall recover reasonable attorney fees and costs. D. In an action alleging damages from the loss of property value due to the otherwise lawful discharge of a firearm or air gun or the use of archery equipment on a private lot or parcel of land that belongs to another person, the lost value shall be proven by clear and convincing evidence. 12-558.02. Limited liability; removing minor or confined animal from motor vehicle; definition A. A person who uses reasonable force to enter a locked and unattended motor vehicle to remove a minor or confined domestic animal is not liable for any damages in a civil action if all of the following apply: 1. The person has a good faith belief that the minor or confined domestic animal is in imminent danger of suffering physical injury or death unless the minor or domestic animal is removed from the motor vehicle. 2. The person determines that the motor vehicle is locked or there is no reasonable manner in which the person can remove the minor or domestic animal from the vehicle. 3. Before entering the motor vehicle, the person notifies a peace officer, emergency medical service provider or first responder or an animal control enforcement agency or deputy, if appropriate, of the minor or confined domestic animal. 4. The person does not use more force than is necessary under the circumstances to enter the motor vehicle and remove the minor or domestic animal from the vehicle. 5. The person remains with the minor or domestic animal until the person who is contacted as prescribed in paragraph 3 of this subsection arrives at the motor vehicle. B. A person is not immune from civil liability if the person fails to abide by any of the provisions of subsection A of this section and commits any unnecessary or malicious damage to the motor vehicle. C. For the purposes of this section, "domestic animal" means a dog, a cat or another animal that is domesticated and kept as a household pet. 12-558.03. Limited liability; employer hiring or contracting with ex-offenders; exclusions; definitions A. An employer is not liable for hiring an employee or contracting with an independent contractor who has previously been convicted of a criminal offense. B. In a negligent hiring action that is filed against an employer for the acts of an employee or independent contractor and that is based on a theory of liability other than as described in subsection A of this section, the fact that the employee or independent contractor was previously convicted of a criminal offense before the employee's employment or independent contractor's contractual obligation began with the employer may not be introduced into evidence. C. This section does not preclude an existing cause of action for the failure of an employer to provide adequate supervision of an employee or independent contractor, except that the fact that the employee or independent contractor has previously been convicted of a criminal offense may be introduced into evidence if the employer knew of the conviction or was grossly negligent in not knowing of the conviction and the conviction was directly related to the nature of the employee's or independent contractor's work and the conduct that gave rise to the alleged injury that is the basis of the cause of action. D. The protections provided to an employer pursuant to this section do not apply in a cause of action based on any of the following: 1. The misuse of monies or property of a person other than the employer by an employee or independent contractor if, on the date that the employee was hired or the independent contractor entered into a contract with the employer, the employee or independent contractor had previously been convicted of an offense that includes fraud or the misuse of monies or property as an element of the offense, and it was foreseeable that the position for which the employee was hired or the independent contractor entered into a contract with the employer would involve discharging a fiduciary responsibility in the management of monies or property. 2. The misappropriation of monies by an employee or independent contractor if the employee was hired or the independent contractor entered into a contract with the employer as an attorney and, on the date that the employee was hired or the independent contractor entered into a contract with the employer, the employee or independent contractor had previously been convicted of an offense that includes fraud or the misuse of monies or property as an element of the offense. 3. A violent offense or the improper use of excessive force by an employee or independent contractor if the employee was hired or the independent contractor entered into a contract with the employer as a law enforcement officer or security guard. E. This section does not establish a cause of action for the negligent hiring of or contracting with an ex-offender in factual situations that are not specifically included in this section. In making a determination whether liability exists in a cause of action, the court may not presume that, because facts are not specifically included in this section, there is a legislative intent to extend liability in such cases where it is not already established. F. For the purposes of this section: 1. "Criminal offense" or "offense" means any criminal offense except violent offenses and sexual offenses. 2. "Employer" means an employer, general contractor, premises owner or other third party. 12-558.04. Limited liability; commercial river outfitters; exceptions; definitions A. A commercial river outfitter does not have a duty to alter, eliminate, control or decrease the inherent risks of participating in a river trip in Grand Canyon national park. The inherent risks of a river trip may be contractually identified by the commercial river outfitter and a participant in a river trip, and the identification of inherent risks shall be determinative and binding. Commercial river outfitters are immune from claims for injury or death that arise out of the inherent risks of a river trip but are not immune from claims arising out of other circumstances, except as provided in subsection B of this section. B. Except as provided in subsection C of this section, a person may voluntarily release a commercial river outfitter from liability for an injury to or the death of a person resulting from participation in a river trip in Grand Canyon national park. A commercial river outfitter is immune from claims arising out of ordinary negligence only if the claims are contractually waived in a liability release. C. Subsections A and B of this section do not apply to a commercial river outfitter that is grossly negligent or that commits wilful, wanton or intentional acts or omissions. D. Subsection A of this section does not apply to a commercial river outfitter if both of the following apply: 1. The commercial river outfitter knows or should have known that a hazardous condition exists. 2. The commercial river outfitter fails to disclose the hazardous condition to a participant. E. For the purposes of this section: 1. "Commercial river outfitter": (a) Means an entity that is allowed under federal law to provide river trips to the public in Grand Canyon national park. (b) Includes employees of a commercial river outfitter who are acting in the course and scope of their employment. 2. "River trip" means all of the activities or occurrences, whether taking place on water or land, for which the commercial river outfitter has agreed to provide outfitting or guiding services. 12-559. Definitions In this article, unless the context otherwise requires: 1. "Asbestos claim" means any claim, wherever or whenever made, for damages, losses, indemnification, contribution or other relief arising out of, based on or in any way related to asbestos including: (a) The health effects of exposure to asbestos including a claim for: (i) Personal injury or death. (ii) Mental or emotional injury. (iii) Risk of disease or other injury. (iv) The costs of medical monitoring or surveillance. (b) Any claim made by or on behalf of any person exposed to asbestos or a representative or a spouse, parent, child or other relative of the person. (c) Any claim for damage or loss caused by the installation, presence, or removal of asbestos. 2. "Corporation" means a corporation for profit, including a domestic