A.R.S. tit. 12 ch. 6 — Arizona Revised Statutes Title 12 Chapter 6 — Special Actions And Proceedings By Individual Persons

12-601. Application; venue; judgment; sealing of record A. A person who desires to change the person's name and to adopt another name may file an application in the superior court in the county of the person's residence, setting forth reasons for the change of name and the name the person wishes to adopt. The court may enter judgment that the adopted name of the party be substituted for the original name. The court shall consider the criteria under subsection C of this section in determining whether to enter judgment that the adopted name of the party be substituted for the original name. B. The parent, guardian ad litem or next friend of a minor may file an application for change of the name of the minor in the county of the minor's residence. The court shall consider the best interests of the minor and the criteria that apply to the minor under subsection C of this section in determining whether to enter judgment that the name of the minor be changed. C. A person who files an application for change of name shall indicate under penalty of perjury: 1. If the person has been convicted of a felony. 2. If felony charges are pending in any jurisdiction against the person for any offense under title 13, chapter 18, 20, 21, 22, 23 or 27 or any other offense involving false statements or misrepresentations about the person's identity. 3. If the person is knowingly changing the person's name to that of another individual for the purpose of committing or furthering the commission of any offense under title 13, chapter 18, 20, 21, 22, 23 or 27 or any other offense involving false statements. 4. The person is making the application solely for the best interest of the person. 5. The person acknowledges that the change of name will not release the person from any obligations incurred or harm any rights of property or actions in the original name. 6. If the person has been convicted in any state of an offense for which the person is required to register as a sex offender. 7. If the person has served a copy of the application with the prosecuting agency of the county in which the person was convicted pursuant to subsection D of this section. D. Notwithstanding any law to the contrary, a victim as defined in section 13-4401 or a prosecutor has standing to contest any legal name change at any time before the entry of judgment or up to one year after entry of judgment. If the person who files an application for change of name was convicted in this state, the person shall serve a copy of the application with the prosecuting agency of the county in which the person was convicted. If the victim has requested postconviction notice, the prosecuting agency of the county in which the person was convicted shall notify the victim of the application for change of name and the victim's right to contest the name change. If the person who files an application for change of name was convicted in another state, the person shall serve a copy of the application with the prosecuting agency in the jurisdiction in which the person was convicted and the county attorney in the county in which the person filed the application. E. On entering a conviction for an offense under title 13, chapter 18, 20, 21, 22, 23 or 27 or any other offense involving false statements or misrepresentations about the person's identity, the superior court may enter an order setting aside a change of name judgment or deny any pending application. F. On request of a person who files an application for a change of name, the court may seal the change of name application and judgment. The information in the application and judgment shall not be disclosed and is not a public record. A person who obtained a judgment on or after January 1, 2009 may request that the court seal the application and judgment pursuant to this subsection. For the purposes of this subsection, "person" means a person who is protected under an order of protection or injunction against harassment or a person who is the victim of an offense involving stalking as prescribed in section 13-2923 or an offense committed in another jurisdiction that if committed in this state would be a violation or attempted violation of section 13-2923. G. If the court grants an application for a change of name for a person who is required to register pursuant to section 13-3821, the court shall order the person to register under the person's new name and to use the person's prior name as an alias. A copy of the order shall be provided to the sheriff of the county in which the person currently resides. 12-602. Notice of application; effect of change on rights and obligations A. If upon the filing of the application for change of name the court deems it proper that notice be given, it may order that notice of the application be given by publication or by service upon any party interested. B. The change of name shall not operate to release the person from any obligations which he has incurred or is under by the original name, or defeat or destroy any rights of property or action which he had in his original name. 12-611. Liability When death of a person is caused by wrongful act, neglect or default, and the act, neglect or default is such as would, if death had not ensued, have entitled the party injured to maintain an action to recover damages in respect thereof, then, and in every such case, the person who or the corporation which would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death was caused under such circumstances as amount in law to murder in the first or second degree or manslaughter. 12-612. Parties plaintiff; recovery; distribution; disqualification A. An action for wrongful death shall be brought by and in the name of the surviving husband or wife, child, parent or guardian, or personal representative of the deceased person for and on behalf of the surviving husband or wife, children or parents, or if none of these survive, on behalf of the decedent's estate. B. Either parent may maintain the action for the death of a child, and the guardian may maintain the action for the death of the guardian's ward. C. The amount recovered in an action for wrongful death shall be distributed to the parties provided for in subsection A of this section in proportion to their damages, and if recovery is on behalf of the decedent's estate the amount shall be an asset of the estate. D. If any party listed in subsection A of this section is found guilty of or guilty except insane for, or pled guilty or no contest to, a violation of section 13-3623 involving the death of the child decedent or a violation of section 13-1103, 13-1104 or 13-1105 involving the death of the decedent, the party is deemed to have predeceased the decedent and is disqualified from recovering wrongful death benefits. This subsection applies to a person who is found guilty of or guilty except insane for, or pled guilty or no contest to, an offense committed in another jurisdiction that has the same elements of an offense listed in this subsection and that if committed in this state would be a violation of any of the offenses listed in this subsection. E. For the purposes of subsection A of this section, "personal representative" includes any person to whom letters testamentary or of administration are granted by competent authority under the laws of this or any other state. The personal representative may maintain the action for wrongful death without the issuance of further letters or any other requirement or authorization of law. 12-613. Measure of damages; nonliability for debts of decedent In an action for wrongful death, the jury shall give such damages as it deems fair and just with reference to the injury resulting from the death to the surviving parties who may be entitled to recover, and also having regard to the mitigating or aggravating circumstances attending the wrongful act, neglect or default. The amount recovered in such action shall not be subject to debts or liabilities of the deceased, unless the action is brought on behalf of the decedent's estate. 12-621. Procedure to establish identity of persons A. When a person desires to establish his identity or fix his birthright and parentage, or both, he may file in the superior court in the county where his residence is maintained an application setting forth his reasons for desiring to establish his identity, birthright or parentage. The court may, after hearing the application, enter judgment establishing identity or birthright and parentage, or both, of such person. B. The parent, guardian ad litem or next friend of a minor may file such application in the county where the minor's residence is maintained. 12-622. Notice of hearing; effect of establishing identity A. Upon filing the application provided for in section 12-621, if the court deems it proper that notice be given of the hearing on the application, it may order that notice be given by publication or by service upon the parties interested. B. The identity, birthright and parentage, or both, when established, if different than the party was reputed to have, shall not operate to relieve him from any obligation incurred or assumed under the former identity. 12-631. Definitions In this article, unless the context otherwise requires: 1. "Buyer" means a person who buys or hires a motor vehicle under a retail installment contract. 2. "Direct loan agreement" means an agreement between a lender and a purchaser by which the lender has advanced monies pursuant to a loan secured by a motor vehicle which the purchaser has purchased. 3. "Lease contract" means a contract for or in contemplation of the lease for the use of a motor vehicle, and the purchase of services incidental to the lease, by a natural person for a term exceeding four months primarily for personal, family, household, business or commercial purposes, whether or not it is agreed that the lessee bears the risk of the motor vehicle's depreciation. 4. "Lessee" includes a bailee and means a natural person who leases, offers to lease or is offered the lease of a motor vehicle under a lease contract. 5. "Lessor" includes a bailor and means a person who is engaged in the business of leasing, offering to lease or arranging the lease of a motor vehicle under a lease contract. 6. "Motor vehicle" means a motor vehicle which is required to be registered under title 28, chapter 7. 7. "Purchaser" has the same meaning prescribed in section 47-1201. 8. "Retail installment contract" has the same meaning prescribed in section 44-281 and includes the sale of a motor vehicle between a buyer and a seller primarily for business or commercial purposes. 9. "Secured party" has the same meaning prescribed in section 47-9102. 10. "Security agreement" has the same meaning prescribed in section 47-9102. 11. "Security interest" has the same meaning prescribed in section 47-1201. 12. "Seller" means a person engaged in the business of selling or leasing motor vehicles under a retail installment contract. 12-632. Unlawful motor vehicle subleasing; civil action; exemption A. One or more of the following persons who suffer any damage proximately resulting from one or more acts of unlawful subleasing of a motor vehicle pursuant to section 13-3717 may bring an action against the person who has engaged in those acts: 1. A seller or any other secured party under a retail installment contract or a security agreement. 2. A lender under a direct loan agreement. 3. A lessor under a lease contract. 4. A buyer under a retail installment contract. 5. A purchaser under a direct loan agreement, an agreement which provides for a security interest or an agreement which is equivalent to these types of agreements. 6. A lessee under a lease contract. 7. An actual or purported transferee or assignee of any right or interest of a buyer, purchaser or lessee. B. The court in an action under subsection A of this section may award actual damages, equitable relief, including an injunction and restitution of monies and property, punitive damages, reasonable attorney fees and costs, and any other relief which the court deems proper. C. The rights and remedies provided in this section are in addition to any other rights and remedies provided by law. D. This section does not apply to the subleasing of a motor vehicle with a gross weight, as defined in section 28-5431, of more than ten thousand pounds. 12-641. Persons who may maintain action for injury to child or ward Either parent may maintain an action for the injury of a child, and a guardian may maintain an action for the injury of his ward. 12-651. Uniform single publication act A. No person shall have more than one cause of action for damages for libel, slander, invasion of privacy or any other tort founded upon a single publication, exhibition or utterance, such as any one edition of a newspaper, book or magazine, any one presentation to an audience, any one broadcast over radio or television or any one exhibition of a motion picture. Recovery in any action shall include all damages for any such tort suffered by the plaintiff in all jurisdictions. B. A judgment in any jurisdiction for or against the plaintiff upon the substantive merits of any action for damages founded upon a single publication, exhibition or utterance as described in subsection A shall bar any other action for damages by the same plaintiff against the same defendant founded upon the same publication, exhibition or utterance. C. This section shall be so interpreted as to effectuate its purpose to make uniform the law of those states or jurisdictions which enact it. D. This section may be cited as the uniform single publication act. E. This section shall not be retroactive as to causes of action existing on July 1, 1953. 12-652. Liability of radio or television station owner or agent for defamation published or uttered over station or network A. The owner, licensee or operator of a visual or sound radio broadcasting station or network of stations, and the agents or employees of the owner, licensee or operator, shall not be liable for damages for a defamatory statement published or uttered in or as a part of a visual or sound radio broadcast by one other than the owner, licensee or operator, or agent or employee thereof, unless it is alleged and proved by the complaining party that the owner, licensee, operator or agent or employee has failed to exercise due care to prevent publication or utterance of the statement in the broadcast. The exercise of due care shall be construed to include a bona fide compliance with federal law or regulations of a federal regulatory agency. B. An owner, licensee or operator, or the agents or employees of such owner, licensee or operator of a station or network of stations shall not be liable for damages for defamatory statements published or uttered over the facilities of such station or network by or on behalf of a candidate for public office. C. In an action for damages for a defamatory statement published or uttered in or as a part of a visual or sound radio broadcast, the complaining party shall be allowed only the actual damages alleged and proved. 12-653. Nonliability for publication made at instance of public officer acting in compliance with law An action for damages shall not lie against the editor, publisher, or proprietor of a newspaper or periodical for publication of a report, proceedings or other matter published at the instance of a public officer acting in compliance with law. 12-653.01. Definitions In this article, unless the context otherwise requires: 1. "Actual malice" means that state of mind arising from personal spite, hatred, or ill will toward the plaintiff, but such a state of mind occasioned by a good faith belief on the part of the defendant in the truth of the libelous publication or broadcast at the time it is published or broadcast shall not constitute actual malice. 2. "Exemplary damages" means damages which may, in the discretion of the court or jury, be recovered in addition to general and special damages for the sake of example and by way of punishing a defendant who has made the publication or broadcast with actual malice. 3. "General damages" means damages for loss of reputation. 4. "Magazine" or "newspaper" means any publication which may be mailed at the second-class rates established by the United States post office. 5. "Special damages" means all damages which the plaintiff alleges and proves he has suffered in respect only to his property, business, trade, profession or occupation. 12-653.02. Failure to demand or publish or broadcast correction; publication with actual malice; damages; service of demand In an action for damages for the publication of a libel in a newspaper or magazine, or of a slander by radio or television broadcast, the plaintiff shall recover no more than special damages unless a correction is demanded and not published or broadcast, unless the plaintiff shall prove the publication or broadcast was made with actual malice. The plaintiff shall serve upon the publisher at the place of publication, or broadcaster at the place of broadcast, a written notice specifying the statements claimed to be libelous and demanding that the same be corrected. The notice and demand shall be served within twenty days after actual knowledge of the plaintiff of the publication or broadcast of the statements claimed to be libelous. 12-653.03. Failure to publish or broadcast correction; recovery of special and exemplary damages; malice If a correction is demanded within the period prescribed by section 12-653.02, and is not published or broadcast in substantially as conspicuous a manner in the newspaper or magazine, or on the radio or television broadcasting station, as the statements claimed to be libelous, in a regular issue thereof published or broadcast within three weeks after service, plaintiff, if he pleads and proves the notice, demand and failure to correct, and if his cause of action is maintained, may recover general, special and exemplary damages subject to applicable rules of law governing such damages in this jurisdiction, but no exemplary damages may be recovered unless the plaintiff proves that defendant made the publication or broadcast with actual malice and then only in the discretion of the court or jury. 12-653.04. Publication or broadcast of correction prior to demand A correction published or broadcast in substantially as conspicuous a manner in the newspaper or magazine, or on the radio or television broadcasting station, as the statements claimed in the complaint to be libelous, prior to receipt of a demand therefor, shall be of the same force and effect as though the correction had been published or broadcast within three weeks after a demand therefor. 12-653.05. Exception The provisions of this article shall not apply to any publication or broadcast made within thirty days preceding any election, if such publication or broadcast is designed to in any way influence the results of such election. 12-661. Liabilities of parents or legal guardians for malicious or wilful misconduct of minors A. Any act of malicious or wilful misconduct of a minor which results in any injury to the person or property of another, to include theft or shoplifting, shall be imputed to the parents or legal guardian having custody or control of the minor whether or not such parents or guardian could have anticipated the misconduct for all purposes of civil damages, and such parents or guardian having custody or control shall be jointly and severally liable with such minor for any actual damages resulting from such malicious or wilful misconduct. B. The joint and several liability of one or both parents or legal guardian having custody or control of a minor under this section shall not exceed ten thousand dollars for each tort of the minor. The liability imposed by this section is in addition to any liability otherwise imposed by law. C. Notwithstanding any law to the contrary, nothing in this section limits the right of an insurer to exclude coverage for the acts of a minor imputed to his parent or legal guardian pursuant to this section. 12-671. Drawing check or draft on no account or insufficient account with intent to defraud; civil action; definition of credit; prima facie evidence A. A person who, for himself or for another, with intent to defraud, makes, draws, utters or delivers to another person or persons a check or draft on a bank or depositary for payment of money, knowing at the time of such making, drawing, uttering or delivery, that he or his principal does not have an account or does not have sufficient funds in, or credit with, such bank or depositary to meet the check or draft in full upon presentation, shall be liable to the holder of such check or draft for twice the amount of such check or draft or fifty dollars, whichever is greater, together with costs and reasonable attorney's fees as allowed by the court on the basis of time and effort expended by such attorney on behalf of plaintiff. B. The word "credit" as used in this section shall be construed to be an express agreement with the bank or depositary for payment of the check or draft. C. Proof that, at the time of presentment, the maker, issuer or drawer did not have sufficient funds with the bank or depositary, and that he failed within twelve days after receiving notice of nonpayment or dishonor to pay the check or draft is prima facie evidence of intent to defraud. D. Where a check, draft or order is protested, on the ground of insufficiency of funds or credit, the notice of formal protest thereof shall be admissible as proof of presentation, nonpayment and protest and shall be prima facie evidence of the insufficiency of funds or credit with the bank or depositary, or person, or firm or corporation. E. "Notice", as used in this section, means notice given to the person entitled thereto, either in person, or in writing. Such notice in writing shall be given by certified mail, return receipt requested, to the person at his address as it appears on such check or draft. F. Nothing in this section shall be applicable to any criminal case or affect eligibility or terms of probation. 12-681. Definitions In this article, unless the context otherwise requires: 1. "Defective and unreasonably dangerous" does not include a food product that is otherwise fit for human consumption and nourishment. 2. "Food product" means any product that is grown, prepared, provided, served or sold and that is primarily intended for human consumption and nourishment. 3. "Manufacturer" means a person or entity that designs, assembles, fabricates, produces, constructs or otherwise prepares a product or component part of a product before its sale to a user or consumer, including a seller owned in whole or significant part by the manufacturer or a seller owning the manufacturer in whole or significant part. 4. "Product" means the individual product or any component part of the product that is the subject of a product liability action. 5. "Product liability action" means any action brought against a manufacturer or seller of a product for damages for bodily injury, death or property damage caused by or resulting from the manufacture, construction, design, formula, installation, preparation, assembly, testing, packaging, labeling, sale, use or consumption of any product, the failure to warn or protect against a danger or hazard in the use or misuse of the product or the failure to provide proper instructions for the use or consumption of any product. 6. "Product safety analysis or review" means any investigation, inquiry, review, evaluation or other means by which a person or entity seeks to determine, calculate, predict, estimate, evaluate or report the safety or health effects of the use of any of its products, systems, services or processes. Product safety analysis or review includes an analysis or review by a component manufacturer of the safety and health effects of component parts in end products. A product safety analysis or review may be conducted by employees of the person or entity or by consultants engaged specifically to perform the analysis or review. 7. "Reasonable remedial measures" means actions taken as a result of a product safety analysis or review and intended to improve the safety of products, systems, services or processes or to lessen the likelihood of a safety-related accident. These actions include: (a) Modifications to the product, system, service or process. (b) Changes in quality assurance procedures or policies. (c) Modifications made to the design or method of manufacturing, to manufacturing equipment or to the testing of the product, system, service or process. (d) Changes or additions to training programs or safety education programs. (e) Personnel or human resources measures related to the product, system, service or process. (f) The use or modification of warnings, notices or changes to owner manuals and related materials. (g) The recall of products. 8. "Reasonably foreseeable alteration, modification, use or consumption" means an alteration, modification, use or consumption of the product that would be expected of an ordinary and prudent purchaser, user or consumer and that an ordinary and prudent manufacturer should have anticipated. 9. "Seller" means a person or entity, including a wholesaler, distributor, retailer or lessor, that is engaged in the business of leasing any product or selling any product for resale, use or consumption. 10. "State of the art" means the technical, mechanical and scientific knowledge of manufacturing, designing, testing or labeling the same or similar products that was in existence and reasonably feasible for use at the time of manufacture. 12-682. Limitation The previously existing common law of products liability is modified only to the extent specifically stated in this article and section 12-551. 12-683. Affirmative defenses In any product liability action, a defendant shall not be liable if the defendant proves that any of the following applies: 1. The defect in the product is alleged to result from inadequate design or fabrication, and if the plans or designs for the product or the methods and techniques of manufacturing, inspecting, testing and labeling the product conformed with the state of the art at the time the product was first sold by the defendant. 2. The proximate cause of the incident giving rise to the action was an alteration or modification of the product that was not reasonably foreseeable, made by a person other than the defendant and subsequent to the time the product was first sold by the defendant. 3. The proximate cause of the incident giving rise to the action was a use or consumption of the product that was for a purpose, in a manner or in an activity other than that which was reasonably foreseeable or was contrary to any express and adequate instructions or warnings appearing on or attached to the product or on its original container or wrapping, if the intended consumer knew or with the exercise of reasonable and diligent care should have known of such instructions or warnings. 4. The proximate cause of the incident or incidents giving rise to the action was the repeated consumption of a food product that is not defective and unreasonably dangerous if consumed in reasonable quantities. 12-684. Indemnification; tender of defense; execution A. In any product liability action where the manufacturer refuses to accept a tender of defense from the seller, the manufacturer shall indemnify the seller for any judgment rendered against the seller and shall also reimburse the seller for reasonable attorneys' fees and costs incurred by the seller in defending such action, unless either paragraph 1 or 2 applies: 1. The seller had knowledge of the defect in the product. 2. The seller altered, modified or installed the product, and such alteration, modification or installation was a substantial cause of the incident giving rise to the action, was not authorized or requested by the manufacturer and was not performed in compliance with the directions or specifications of the manufacturer. B. If a judgment is rendered in favor of the plaintiff and a seller is granted indemnity against a manufacturer, the plaintiff shall first attempt to satisfy the judgment by levying execution upon the manufacturer in this state or in the state where the manufacturer's principal place of business is located and by making demand upon any liability insurance carrier of the manufacturer whose identity is known to plaintiff before attempting to collect the judgment from the seller or the seller's liability insurance carrier. The return of a writ of execution partially or wholly unsatisfied or the failure of the manufacturer's insurance carrier to pay the judgment upon demand shall be deemed full compliance with the plaintiff's obligation to attempt to collect from the manufacturer. C. In any product liability action the manufacturer of the product shall be indemnified by the seller of the product for any judgment rendered against the manufacturer and shall also reimburse the manufacturer for reasonable attorneys' fees and costs incurred in defending such action, if the seller provided the plans or specifications for the manufacture or preparation of the product and such plans or specifications were a substantial cause of the product's alleged defect and if the product was manufactured in compliance with and according to the plans or specifications of the seller. If a judgment is rendered in favor of the plaintiff and a manufacturer is granted indemnity against a seller, the plaintiff shall first attempt to satisfy the judgment by levying execution upon the seller in this state or in the state where the seller's principal place of business is located and by making demand upon any liability insurance carrier of the seller whose identity is known to plaintiff before attempting to collect the judgment from the manufacturer or manufacturer's liability insurance carrier. The return of a writ of execution partially or wholly unsatisfied or the failure of the seller's insurance carrier to pay the judgment upon demand shall be deemed full compliance with the plaintiff's obligation to attempt to collect from the seller. The provisions of this subsection shall not apply if the manufacturer had knowledge or with the exercise of reasonable and diligent care should have had knowledge of the defect in the product. 12-685. Contents of complaint; amount of recovery In any product liability action no dollar amount or figure shall be included in the complaint. The complaint shall pray for such damages as are reasonable in the premises. The complaint shall include a statement reciting that the jurisdictional amount established for filing the action is satisfied. 12-686. Inadmissible evidence In any product liability action, the following shall not be admissible as direct evidence of a defect: 1. Evidence of advancements or changes in the state of the art subsequent to the time the product was first sold by the defendant. 2. Evidence of any change made in the warnings, design or methods of manufacturing or testing the product or any similar product subsequent to the time the product was first sold by the defendant. 12-687. Reasonable remedial measures; cause of action; punitive damages If a person or entity conducts a product safety analysis or review and, as a result, takes reasonable remedial measures, the following shall apply to a product liability action brought against the person or entity: 1. The plaintiff may not use the product safety analysis or review or the reasonable remedial measures to prove negligence, that the product was defective or unreasonably dangerous, or other culpable conduct in a product liability action. However, the plaintiff may use the product safety analysis or review or reasonable remedial measures for other purposes, such as proving feasibility of precautionary measures, impeachment or to controvert any position taken by a defendant in litigation which is inconsistent with the contents of the product safety analysis or review or reasonable remedial measures. 2. This subsection does not prevent a plaintiff in a product liability action from proving negligence, that the product was defective or unreasonably dangerous, or other culpable conduct by other independent evidence or sources, even if such evidence or sources are mentioned or included in the product safety analysis or review or reasonable remedial measures. 3. The plaintiff may not use the product safety analysis or review or the reasonable remedial measures to prove conduct that would subject the person or entity that caused the product safety analysis or review to be performed to punitive or exemplary damages, unless the plaintiff establishes that the analysis or review, or the reasonable remedial measures, were undertaken in bad faith or solely for the purpose of affecting the litigation instituted by the plaintiff. 4. The existence and contents of a product safety analysis or review and any resulting reasonable remedial measures are discoverable and subject to disclosure in a product liability action unless otherwise privileged. However, a portion of a product safety analysis or review may be designated and maintained as confidential and protected from public disclosure pursuant to applicable rules of civil procedures if the portion involves trade secrets as defined in section 44-401, proprietary material or competitively sensitive information. Any dispute as to confidentiality shall be determined by a court following an in camera review of the portion of the analysis or review in question. 12-688. Duty to warn; food products There is no duty to warn a purchaser, user or consumer or any other person, regardless of age, that the consumption of a food product that is not defective and unreasonably dangerous may cause health problems if consumed excessively. 12-689. Exemption from punitive or exemplary damages; applicability; definitions A. A manufacturer, service provider or seller is not liable for exemplary or punitive damages if any of the following applies: 1. The product alleged to have caused the harm was designed, manufactured, packaged, labeled, sold or represented in relevant and material respects according to the terms of an approval, conditional approval, clearance, license or similar determination of a government agency. 2. The product, activity or service complied with all statutes of this state or the United States or standards, rules, regulations, orders or other actions of a government agency pursuant to statutory authority that are relevant and material to the event or risk allegedly causing the harm and the product, activity or service complied at the time the product left the control of the manufacturer or seller. 3. The act or transaction forming the basis of the claim involves terms of service, contract provisions, representations or other practices authorized by, or in compliance with, the rules, regulations, standards or orders of, or a statute administered by, a government agency. B. This section does not apply if the claimant establishes that the manufacturer, service provider or seller, at any time before the activity or event that allegedly caused the harm, did any of the following: 1. Sold the product, activity or service after the effective date of a final order of a government agency to remove the product from the market, to withdraw its approval of the product, activity or service or to substantially alter its terms of approval of the product, activity or service in a manner that would have avoided the claimant's alleged injury. For the purposes of this paragraph and paragraph 4 of this subsection, a product, activity or service is sold when it is delivered or provided to the end user, even if payment is not made until later. 2. Intentionally, and in violation of applicable regulations as determined by final action of the government agency, withheld from or misrepresented to the government agency information material to the approval or maintaining of approval of the product, activity or service, and the information is relevant to the harm that the claimant allegedly suffered. 3. Made an illegal payment to an official or employee of a government agency for the purpose of securing or maintaining approval of the product, activity or service. 4. After the product was sold or the service was provided, a government agency found that the manufacturer, service provider or seller knowingly violated applicable regulations requiring the reporting to that government agency of risks of harm and the unreported information was material and relevant to the harm that the claimant allegedly suffered. C. This section shall not be construed to do any of the following: 1. Expand the authority of any state agency or state agent to adopt or promulgate standards or regulations where no such authority previously existed. 2. Reduce the scope of any limitation on liability based on compliance with the rules or regulations of a government agency applicable to a specific act, transaction, person or industry. 3. Affect the liability of a service provider based on rates filed with and reviewed or approved by a government agency. D. For the purposes of this section: 1. "Activity" means an action, pattern of operation or practice that is regulated, approved, licensed or otherwise required by a government agency. 2. "Government agency" means this state or the United States or any agency of this state or the United States or any entity vested with the authority of this state or the United States to issue rules, regulations, orders or standards concerning the design, manufacture, packaging, labeling or advertising of a product or activity or the provision of a service. 3. "Manufacturer" means any person who is engaged in a business to produce, create, make or construct any product or component part of a product and who does either of the following: (a) Designs, manufactures or formulates the product or component part of the product. (b) Engages another person to design, manufacture or formulate the product or component part of the product. 4. "Product" means any object possessing intrinsic value, capable of delivery either as an assembled whole or as a component part or parts and produced for introduction into trade or commerce. 5. "Seller" means a person who in the course of a business conducted for that purpose does either of the following: (a) Sells, distributes, rents, leases, prepares, blends, packages, labels or otherwise is involved in placing a product, activity or service in the stream of commerce. (b) Installs, repairs, refurbishes, reconditions or maintains a product. 6. "Service" means all actions that are engaged in for other persons for a consideration, which actions involve predominantly the performance of a service as distinguished from manufacture or sale of a product and that are regulated, approved or licensed by a government agency. 12-690. Duty of care; admissibility of evidence in certain motor vehicle accidents; definition A. In any civil action where a covered motor vehicle is involved in an accident, there is no obligation or duty of care for an owner, lessor or operator of the covered motor vehicle, or for a person renting or leasing the covered motor vehicle to another person, to retrofit the covered motor vehicle with component parts or optional equipment, or to have selected component parts or optional equipment to be included on the covered motor vehicle, if such parts or equipment were not required by the federal motor vehicle safety standards under 49 Code of Federal Regulations part 571 applicable when the covered motor vehicle was manufactured or first sold. Evidence related to such an alleged obligation or duty is inadmissible. B. This section does not apply if the owner, lessor or operator of the covered motor vehicle, or the person renting or leasing the covered motor vehicle to another person, fails to comply with a law or regulation issued after the covered motor vehicle was manufactured or first sold requiring a mandatory recall or retrofit of the covered motor vehicle. C. For the purposes of this section, "covered motor vehicle" means a motor vehicle for which the owner's liability for an accident is governed by 49 United States Code section 30106. 12-691. Civil liability for shoplifting; adult; emancipated minor An adult or emancipated minor who commits shoplifting as defined by section 13-1805 is civilly liable to the owner of the obtained goods for all of the following: 1. A penalty in the amount of the retail value of the obtained goods. 2. For an adult, an additional penalty of at least two hundred fifty dollars but not more than two hundred fifty dollars plus the actual damages to the owner. 3. For an emancipated minor, an additional penalty of at least one hundred dollars but not more than one hundred dollars plus the actual damages to the owner. 12-692. Shoplifting by unemancipated minor; liability of parent or guardian; foster parents A. The parents or legal guardians having custody or control of an unemancipated minor who commits shoplifting as defined by section 13-1805 are civilly liable to the owner of the obtained goods for all of the following: 1. A penalty in the amount of the retail value of the obtained goods. 2. An additional penalty of not less than one hundred dollars nor more than one hundred dollars plus the actual damages to the owner. B. Foster parents are not liable under subsection A of this section for the acts of children placed with them pursuant to title 8, chapter 4, article 4 or 5. 12-693. Conviction for shoplifting; admissibility A conviction for shoplifting under section 13-1805 is not required to maintain an action pursuant to this article. An adjudication of not guilty of violation of section 13-1805 is admissible in an action for civil liability under sections 12-691 and 12-692. A person convicted for shoplifting under section 13-1805 is precluded from subsequently denying the essential allegations of the offense in any action pursuant to this article. For the purposes of this section, a conviction may result from a verdict or a plea including a no contest plea. 12-694. Bringing action; court An action for recovery of damages under this article may be brought in any court of competent jurisdiction, including the small claims division of a justice court, if the total actual damages and penalties do not exceed the jurisdictional limit of the court. 12-701. Drugs; exemplary or punitive damages; definition A. The manufacturer or seller of a drug is not liable for exemplary or punitive damages if the drug alleged to cause the harm either: 1. Was manufactured and labeled in relevant and material respects in accordance with the terms of an approval or license issued by the federal food and drug administration under the food, drug and cosmetic act (21 United States Code section 301, et seq.) or the public health service act (42 United States Code section 201, et seq.) or 2. Is generally recognized as safe and effective pursuant to conditions established by the federal food and drug administration and applicable regulations, including packaging and labeling regulations. B. Subsection A does not apply if the plaintiff proves, by clear and convincing evidence, that the defendant, either before or after making the drug available for public use, knowingly, in violation of applicable federal food and drug administration regulations, withheld from or misrepresented to the administration information known to be material and relevant to the harm which the plaintiff allegedly suffered. C. In this section, "drug" means the same as provided in section 201(g)(1) of the federal food, drug and cosmetic act (21 United States Code section 321(g)(1)). 12-711. Affirmative defense; limitation In any civil action, the finder of fact may find the defendant not liable if the defendant proves that the claimant or, if the claimant is an heir or the estate of a deceased person, the decedent was under the influence of an intoxicating liquor or a drug and as a result of that influence the claimant or decedent was at least fifty per cent responsible for the accident or event that caused the claimant's or decedent's harm. 12-712. Affirmative defense; limitation; criminal act A. In any civil action, the finder of fact may find the defendant not liable if the defendant proves that the claimant or, if the claimant is an heir or the estate of a deceased person, the decedent was attempting to commit, committing or immediately fleeing from a felony criminal act and as a result of that act, attempted act or flight the claimant or decedent was at least fifty per cent responsible for the accident or event that caused the claimant's or decedent's harm. B. In any civil action, the finder of fact may find the defendant not liable if the defendant proves that the defendant did not act intentionally and that the claimant or, if the claimant is an heir or the estate of a deceased person, the decedent was attempting to commit, committing or immediately fleeing from a misdemeanor criminal act and as a result of that act, attempted act or flight the claimant or decedent was at least fifty per cent responsible for the accident or event that caused the claimant's or decedent's harm. C. Notwithstanding subsection A or B of this section, in any civil action, the finder of fact may find the defendant not liable if the defendant proves that the defendant did not act intentionally and that the claimant or, if the claimant is an heir or the estate of a deceased person, the decedent was attempting to commit, committing or immediately fleeing from an act in violation of section 13-1802, subsection A, paragraph 7 or 8 and, as a result of that act, attempted act or flight, the claimant or decedent was in any way responsible for the accident or event that caused the claimant's or decedent's harm. 12-713. Providers of emergency services; civil liability In the provision of 911 services, a person, a provider as defined in section 42-5251 or a public entity or any employee of the public entity is not liable for damages in any civil action for injuries, death or loss to a person or property that are incurred by any person with respect to all decisions made and actions or omissions taken that are based on good faith implementation except in the cases of wanton or wilful misconduct, regardless of technology platform including a public safety radio communications network, that receives, develops, collects or processes information for the service's location information databases, relays, transfers, operates, maintains or provides emergency notification services or system capabilities, or provides emergency communications or services for ambulances, police and fire departments or other public safety entities. 12-714. Actions against firearm manufacturers; prohibition; findings; definitions A. A political subdivision of this state shall not commence a qualified civil liability action in any Arizona court. B. The legislature finds that: 1. The citizens of this state have the right, under the second amendment to the United States Constitution and article 2, section 26 of the Arizona Constitution, to keep and bear arms. 2. Lawsuits have been commenced against the manufacturers, distributors, dealers and importers of nondefective firearms for the harm caused by the misuse of firearms by third parties, including criminals. 3. Businesses in the United States that are engaged in the lawful sale to the public of firearms or ammunition are not, and should not be liable for the harm caused by those who unlawfully misuse firearms or ammunition. 4. The possibility of imposing liability on an entire industry for harm that is the sole responsibility of others is an abuse of the legal system, threatens the diminution of a basic constitutional right and constitutes an unreasonable burden on the free enterprise system. 5. The liability actions commenced by political subdivisions are based on theories without foundation in the common law and American jurisprudence. Such an expansion of liability would constitute a deprivation of the rights, privileges and immunities guaranteed to citizens of this state under both the Constitution of Arizona and the United States Constitution. C. As used in this section: 1. "Manufacturer" means, with respect to a qualified product: (a) A person who is engaged in a business to import, make, produce, create or assemble a qualified product and who designs or formulates, or has engaged another person to design or formulate, a qualified product. (b) A seller of a qualified product, but only with respect to an aspect of the product that is made or affected when the seller makes, produces, creates or assembles and designs or formulates an aspect of the product made by another person. (c) Any seller of a qualified product who represents to a user of a qualified product that the seller is a manufacturer of the qualified product. 2. "Qualified civil liability action" means a civil action brought by a political subdivision against a manufacturer or seller of a qualified product or a trade association, for damages resulting from the criminal or unlawful misuse of a qualified product by a third party. Qualified civil liability action does not include an action brought against a transferor convicted under 18 United States Code section 924(h) or section 13-3102, subsection A, paragraph 14, by a party directly harmed by the conduct of which the transferee is convicted. 3. "Qualified product" means a nondefective firearm as defined in 18 United States Code section 921(a)(3) or nondefective ammunition as defined in 18 United States Code section 921(a)(17), or a component part of a firearm or ammunition, that has been shipped or transported in interstate or foreign commerce. 4. "Seller" means, with respect to a qualified product, a person who either: (a) In the course of a business conducted for that purpose sells, distributes, rents, leases, prepares, blends, packages, labels or otherwise is involved in placing a qualified product in the stream of commerce. (b) Installs, repairs, refurbishes, reconditions or maintains an aspect of a qualified product that is alleged to have resulted in damages. 5. "Trade association" means any association or business organization, whether or not incorporated under federal or state law, two or more members of which are manufacturers or sellers of a qualified product. 12-715. Donation of fire or emergency medical services equipment; exemption from civil liability; definition A. A person, a public entity or any other legal entity that makes a good faith donation of used or excess fire control, fire rescue or emergency medical services equipment to a fire department, fire district or volunteer fire department and that at the time of making the donation believes that the equipment is serviceable is not liable for damages in any civil action for any injury or death due to the condition of the equipment unless the injury or death is a direct result of the intentional misconduct, gross or ordinary negligence of the donor. This subsection also applies to equipment that is acquired through the federal excess personal property program established by the federal property and administrative services act of 1949 (P.L. 81-152; 63 Stat. 377; 40 United States Code section 483). B. A fire department, fire district or volunteer fire department that in good faith receives a donation of serviceable fire control, fire rescue or emergency medical services equipment and that at the time of the donation reasonably believes that the equipment is serviceable is not liable for damages in any civil action for any injury or death due to the condition of the equipment unless the injury or death is a direct result of the intentional misconduct or gross negligence of the fire department, fire district or volunteer fire department. After placing the donated equipment into service, a fire department, fire district or volunteer fire department shall maintain the donated equipment in a safe and serviceable manner. C. For the purposes of this section, "fire control, fire rescue or emergency medical services equipment" means any vehicle, fire fighting tool, protective clothing, breathing apparatus and other supplies and tools that are used in fire fighting, fire rescue or emergency medical services. 12-716. Injury during criminal acts; civil actions; presumptions; definitions A. If the court finds by a preponderance of the evidence that a plaintiff is harmed while the plaintiff is attempting to commit, committing or fleeing after having committed or attempted to commit a felony criminal act or if a person intentionally or knowingly caused temporary but substantial disfigurement or temporary but substantial impairment of any body organ or part or a fracture of any body part of another person, the following presumptions apply to any civil liability action or claim: 1. A victim or peace officer is presumed to be acting reasonably if the victim or peace officer threatens to use or uses physical force or deadly physical force or a police tool product to either: (a) Protect himself or another person against another person's use or attempted use of physical force or deadly physical force. (b) Effect an arrest or prevent or assist in preventing a plaintiff's escape. 2. This state or a political subdivision of this state is presumed to have reasonably hired and trained its peace officers to use physical force or deadly physical force if a peace officer threatens to use or uses physical force or deadly physical force to either: (a) Protect himself or another person against another person's use or attempted use of physical force or deadly physical force. (b) Effect an arrest or prevent or assist in preventing a plaintiff's escape. 3. The police tool product that caused the physical harm and any accompanying warning or instruction are presumed not to be defective and the manufacturer of police tools is presumed not to be negligent if, before the sale by the manufacturer, the product either: (a) Conforms with the generally recognized state of the art applicable to the safety and warnings of the product at the time the product was designed, manufactured, packaged and labeled. (b) Complies with any applicable code, standard, regulation or specification that is established, adopted, promulgated or approved by the United States or this state or any agency of the United States or this state. B. If a party files a motion to dismiss or a motion for summary judgment pursuant to this section and the court grants the motion, the court shall award the moving party costs and attorney fees. C. For the purposes of this section: 1. "Costs" means all costs that are reasonably incurred in connection with the motion, including filing fees, record preparation and document copying fees, time away from employment, expert witness fees, travel expenses and any other costs that the court deems appropriate. 2. "Plaintiff" includes the heir or estate of a deceased person who was attempting to commit, committing or fleeing after having committed or attempting to commit a felony or misdemeanor criminal act or was under the influence of an intoxicating liquor or a drug. 3. "Police tool product" means any weapon, safety equipment or product that is used by law enforcement. 12-717. Liquefied petroleum gas provider; liability; definitions A. In any civil action against a liquefied petroleum gas provider for civil or other damages, the liquefied petroleum gas provider is liable only for the amount of damages that are in proportion to the liquefied petroleum gas provider's percentage of fault and is not liable for the amount of damages allocated to fault attributed to either: 1. An alteration or modification of liquefied petroleum gas equipment that was not reasonably foreseeable, that was made by a person other than the liquefied petroleum gas provider and that could not have been discovered by the liquefied petroleum gas provider in the exercise of reasonable care. 2. The use of liquefied petroleum gas equipment in a manner or for a purpose other than that for which the liquefied petroleum gas equipment was intended to be used or could reasonably have been foreseen to be used, if the liquefied petroleum gas provider or the liquefied petroleum gas equipment manufacturer has taken reasonable steps to warn the ultimate consumer of the hazards associated with foreseeable misuses of the gas equipment. B. This section does not affect, modify or eliminate the liability of a liquefied petroleum gas equipment manufacturer or its employees or agents under any legal claim, including product liability claims. C. For the purposes of this section: 1. "Liquefied petroleum gas equipment" means a liquefied petroleum gas appliance or other liquefied petroleum gas equipment. 2. "Liquefied petroleum gas provider" means any person or entity engaged in the business of supplying, handling, transporting or selling at retail liquefied petroleum gas, but does not include a liquefied petroleum gas equipment manufacturer. 12-718. Emergency aid involving liquefied petroleum gas; exemption from civil liability A. A person who has knowledge and training in the storage, handling, transportation, operation and utilization of liquefied petroleum gas is not liable in any civil action for any damages that occur as a result of providing assistance without remuneration, on the request of any peace officer, fire company or department, first aid, rescue or emergency squad or other governmental agency or entity, in an accident or other emergency situation that involves the use, handling, transportation, transmission or storage of liquefied petroleum gas if the person was conscripted at the scene as a true volunteer. B. This section does not apply to a person who causes the accident or emergency situation or whose wilful, wanton or grossly negligent act or omission in response to the accident or emergency situation causes damage or for any vicarious liability. 12-719. Civil liability; wrongful birth or life claims; applicability A. A person is not liable for damages in any civil action for wrongful birth based on a claim that, but for an act or omission of the defendant, a child or children would not or should not have been born. B. A person is not liable for damages in any civil action for wrongful life based on a claim that, but for an act or omission of the defendant, the person bringing the action would not or should not have been born. C. This section applies to any claim regardless of whether the child is born healthy or with a birth defect or other adverse medical condition. D. This section does not apply to any civil action for damages for an intentional or grossly negligent act or omission, including an act or omission that violates a criminal law. 12-720. Nondisclosure agreements; applicability; use of public monies; definitions A. The terms of a nondisclosure agreement may not be used to prohibit a party to the agreement from doing any of the following in relation to a violation or an alleged violation of title 13, chapter 14 or 35: 1. Responding to a peace officer's or a prosecutor's inquiry. 2. Making a statement not initiated by that party in a criminal proceeding. B. An act that is allowed by subsection A of this section may not be u