Injury Law 4 (Title 12)
A.R.S. 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.
Comment: Activities like car-racing have limitations on liability for the owners as well. This Arizona statute explains those limitations.
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A.R.S. 12-561
Definitions
In this chapter, unless the context otherwise requires:
1. "Licensed health care provider" means both:
(a) A person, corporation or institution licensed or certified by the state to provide health care, medical services, nursing services or other health-related services and includes the officers, employees and agents thereof working under the supervision of such person, corporation or institution in providing such health care, medical services, nursing services or other health-related services.
(b) A federally licensed, regulated or registered blood bank, blood center or plasma center collecting, processing or distributing whole human blood, blood components, plasma, blood fractions or blood derivatives for use by a licensed health care provider and includes the officers, employees and agents working under the supervision of the blood bank, blood center or plasma center.
2. "Medical malpractice action" or "cause of action for medical malpractice" means an action for injury or death against a licensed health care provider based upon such provider's alleged negligence, misconduct, errors or omissions, or breach of contract in the rendering of health care, medical services, nursing services or other health-related services or for the rendering of such health care, medical services, nursing services or other health-related services, without express or implied consent including an action based upon the alleged negligence, misconduct, errors or omissions or breach of contract in collecting, processing or distributing whole human blood, blood components, plasma, blood fractions or blood derivatives.
Comment: Medical Malpractice actions are normally very complex. This Arizona statute is composed of definitions that apply to Title 12's application to medical malpractice actions. Section 2 is extremely important because it provides what an actual action consists of in Arizona civil courts.
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A.R.S. 12-562
Medical malpractice actions; grounds
A. A medical malpractice action shall not be brought against a licensed health care provider except upon the grounds set forth in section 12-561.
B. A medical malpractice action brought against a licensed health care provider shall not be based upon assault and battery.
C. A medical malpractice action based upon breach of contract for professional services shall not be brought unless such contract is in writing.
D. A medical malpractice action brought against a physician licensed pursuant to title 32, chapter 13 or 17, a podiatrist licensed pursuant to title 32, chapter 7, a registered nurse practitioner licensed pursuant to title 32, chapter 15 or a physician assistant licensed pursuant to title 32, chapter 25 regarding services provided within that person's scope of practice shall not be based on the neglect, abuse or exploitation of an incapacitated or vulnerable adult, except as provided in section 46-455.
Comment: Arizona provides certain rules for bringing medical malpractice claims.
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A.R.S. 12-563
Necessary elements of proof
Both of the following shall be necessary elements of proof that injury resulted from the failure of a health care provider to follow the accepted standard of care:
1. The health care provider failed to exercise that degree of care, skill and learning expected of a reasonable, prudent health care provider in the profession or class to which he belongs within the state acting in the same or similar circumstances.
2. Such failure was a proximate cause of the injury.
Comment: In medical malpractice actions, the plaintiff has a burden to show that the actions of a health care provider were not up to the standard of care and caused injury. These elements of proof are explained in the above Arizona statute.
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