Arizona Comparative Negligence Calculator

Arizona is a pure comparative fault state — with one genuine catch: your own willful or wanton conduct can strip that protection away entirely. See exactly where your claim stands.

Pure comparative negligence, with a real exception FigureMyTax Editorial Team Free · no sign-up

Does your own conduct affect this claim?

Enter your estimated damages and your best estimate of your own share of fault. Then tell us whether your own conduct might be considered willful or wanton — Arizona treats that very differently.

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Pure comparative negligence, as a rule

Under A.R.S. § 12-2505, enacted through the Uniform Contribution Among Tortfeasors Act in 1984, Arizona applies a pure comparative negligence standard: if the jury finds the claimant partly at fault, the claimant's action is not barred, but their full damages are reduced in proportion to their own relative degree of fault. A claimant found 60% at fault still recovers the remaining 40% of their damages.

The real exception: willful or wanton conduct by the claimant

Here's where Arizona genuinely diverges from most other pure comparative states. The same statute specifies directly: "there is no right to comparative negligence in favor of any claimant who has intentionally, wilfully or wantonly caused or contributed to the injury or wrongful death." In practical terms, if a claimant's own conduct rises to this level, they lose the benefit of comparative negligence entirely — their claim instead falls back under the older, all-or-nothing logic of contributory negligence, where that specific conduct can bar recovery outright rather than merely reducing it.

A genuinely asymmetric rule, confirmed by real case law

This exception cuts only one way. Arizona courts have held that a defendant whose conduct was willful or wanton still gets the full benefit of comparative negligence — the exception applies only to a willful or wanton claimant, not a willful or wanton defendant. In Lerma v. Keck (Ariz. Ct. App. 1996), the court confirmed this asymmetric treatment does not violate equal protection or amount to unconstitutional special legislation, even though a similarly culpable defendant and claimant end up treated quite differently under the statute.

A unique constitutional wrinkle

Arizona's approach to this question is shaped by a genuinely distinctive state constitutional provision. Article 18, Section 5 of the Arizona Constitution requires that the defense of contributory negligence or assumption of risk "shall, in all cases whatsoever, be a question of fact and shall, at all times, be left to the jury." Because of this guarantee, the Arizona Supreme Court held in Bauer v. Crotty (1991) that a jury cannot simply be instructed it must return a verdict against a plaintiff for willful or wanton conduct — that would effectively decide the question as a matter of law, in tension with the constitutional jury-question guarantee. The Court later clarified in Williams v. Thude (1997) that juries should instead be told they may deal with the plaintiff's conduct as they see fit — keeping the ultimate call genuinely in the jury's hands, exactly as the state constitution requires.

Why this matters for a real claim

Because losing comparative-negligence protection can be far more consequential than an ordinary fault-percentage dispute, insurers in Arizona have a real incentive to argue that a claimant's own conduct crossed the line from ordinary negligence into willful or wanton territory. See our guide to how adjusters build a fault argument in Arizona for what that looks like in practice.

Arizona comparative negligence — frequently asked questions

Does Arizona use pure or modified comparative negligence?

Pure comparative negligence, under A.R.S. § 12-2505. A claimant's recovery is reduced by their own percentage of fault but is not barred outright, even at a high fault percentage.

Is there an exception to Arizona's comparative negligence rule?

Yes. Under A.R.S. § 12-2505(A), there is no right to comparative negligence for a claimant who intentionally, willfully, or wantonly caused or contributed to their own injury — a real statutory carve-out that can eliminate the benefit of comparative fault entirely.

Does the same willful conduct exception apply to defendants in Arizona?

No. Arizona courts have held that a willful or wanton defendant still gets the benefit of comparative negligence, an asymmetry the Arizona Court of Appeals confirmed does not violate equal protection in Lerma v. Keck (1996).

Why does the Arizona Constitution matter for comparative negligence?

Article 18, Section 5 of the Arizona Constitution requires that contributory negligence and assumption of risk always be a question of fact left to the jury, which shapes how courts can instruct juries even on the willful-conduct exception.

Can a judge decide the willful-conduct question in Arizona instead of a jury?

No. Because of the state constitutional guarantee, the Arizona Supreme Court held in Williams v. Thude (1997) that a jury cannot be instructed it must find against a plaintiff for willful conduct — the jury is instead told it may treat the plaintiff's conduct as it sees fit.

This calculator provides an estimate for general guidance only and is not legal advice. Figures are based on Arizona statute (A.R.S. § 12-2505) and published Arizona court decisions, verified per our methodology. Whether conduct qualifies as willful or wanton depends entirely on the specific facts of a claim. Confirm with a licensed Arizona attorney before acting.