Ariz. Rev. Stat. » Title 12
Arizona Revised Statutes

Ariz. Rev. Stat. § 12-711 (2026)

Affirmative defense; limitation

✓ current as of May 2026
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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.

 

Notes of Decisions
Cited in 10 cases (3 in the last 5 years), 2005–2026 · leading case: Franklin v. Clemett, 382 P.3d 802 (Ariz. Ct. App. 2016).
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Franklin v. Clemett, 382 P.3d 802 (Ariz. Ct. App. 2016). · cites it 59× “We hold A.R.S. § 12-711 is not unconstitutionally or statutorily infirm and, accordingly, affirm the superior court’s judgment.”
Romero v. Sw. Ambulance, 119 P.3d 467 (Ariz. Ct. App. 2005). · cites it 12× “Appellant Alice Romero contends the trial court erred by admitting certain evidence about the decedent, her son; denying a motion to bifurcate the trial into liability and damage phases; and instructing the jury pursuant to A.R.S. § 12-711. We affirm primarily on procedural…”
McMurtry v. Weatherford Hotel, Inc., 293 P.3d 520 (Ariz. Ct. App. 2013). · cites it 2× “A.R.S. § 12-711 (2012). . In denying McMurtry's motion, the court did not address his arguments that the evidence was inadmissible character evidence pursuant to Arizona Rules of Evidence 404(a) and 608(b).”
Helmreich v. Ahc (Ariz. Ct. App. 2020). · cites it 15× “AHC asserted the instruction was required for several reasons, one of which was that the evidence presented at trial showed Jay’s “death occurred after using heroin [and] that he likely would have used the cocaine at some point prior to using heroin.”
Romero v. Sw. Ambulance, rural/metro, City of Tucson (Ariz. Ct. App. 2005). · cites it 12× “Appellant Alice Romero contends the trial court erred by admitting certain evidence about the decedent, her son; denying a motion to bifurcate the trial into liability and damage phases; and instructing the jury pursuant to A.R.S. § 12-711. We affirm primarily on procedural…”
Johnson v. Mesa, City of (D. Ariz. 2021). · cites it 6× “In response to this evidence, Defendants argue that: 24 Plaintiff’s self-serving statement that he was not under the 25 influence of alcohol or drugs, thereby negating the applicability of A.R.S. § 12-711, is not conclusive. The video 26 evidences belligerent behavior that is…”
Waterford v. Sanchez (Ariz. Ct. App. 2022). · cites it 2× “Finally, contrary to Waterford’s contention that expert opinion regarding avoidability was irrelevant absent precise evidence identifying which damages could have been mitigated, A.R.S. § 12-711 permits a jury to find a defendant “not liable if the defendant proves that the…”
Mannion v. Ameri-Can Freight Sys. Inc. (D. Ariz. 2019). · cites it 2× “” A.R.S. § 12-711. 16 Here, Defendants hope to present eyewitness testimony that, when coupled with the 17 autopsy results and the medical examiner’s testimony, may persuade the jury to conclude 18 Decedent was, in fact, intoxicated at the time of the collision.”
Par. v. Lansdale (D. Ariz. 2019). · cites it 2× “Other defenses 23 There are issues of fact as to the applicability of defenses under A.R.S. § 12-711 24 (intoxication) and failure to mitigate of damages.”
Lloyd (D. Ariz. 2026). · cites it 2× “) In its Answer, 15 Circle K raised several affirmative defenses: statute of limitations, estoppel, waiver, laches, 16 failure to mitigate damages, contributory negligence, non-party at fault, 17 intervening/superseding cause, assumption of risk, and limitation under A.R.S. §…”
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