Ariz. Rev. Stat. » Title 14
Arizona Revised Statutes

Ariz. Rev. Stat. § 14-3110 (2026)

Action by or against personal representative; survival of causes of action

✓ current as of May 2026
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Every cause of action, except a cause of action for damages for breach of promise to marry, seduction, libel, slander, separate maintenance, alimony, loss of consortium or invasion of the right of privacy, shall survive the death of the person entitled thereto or liable therefor, and may be asserted by or against the personal representative of such person, provided that upon the death of the person injured, damages for pain and suffering of such injured person shall not be allowed.

Notes of Decisions
Cited in 69 cases (24 in the last 5 years), 1974–2025 · leading case: Braillard v. Maricopa Cnty., 232 P.3d 1263 (Ariz. Ct. App. 2010).
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Braillard v. Maricopa Cnty., 232 P.3d 1263 (Ariz. Ct. App. 2010). · cites it 7× “¶ 46 On the issue of damages for Deborah’s pain and suffering, the MCSO defendants argued that A.R.S. § 14-3110, which bars such claims under state law, should also preclude those damages under § 1983.”
Gotbaum Ex Rel. Gotbaum v. City of Phoenix, 617 F. Supp. 2d 878 (D. Ariz. 2008). · cites it 7× “The most closely analogous Arizona law is the survival statute found at A.R.S. § 14-3110. The First Amended Complaint makes clear that the claim for Mrs.”
Gandy v. United States, 437 F. Supp. 2d 1085 (D. Ariz. 2006). · cites it 16× “Robbins’ estate, may bring a survival claim on the estate’s behalf under A.R.S. § 14-3110. The Amended Complaint, filed on February 21, 2006, includes a survival claim under A.”
Badia v. City of Casa Grande, 988 P.2d 134 (Ariz. Ct. App. 1999). · cites it 10× “” Contrary to plaintiffs contention that the trial court “muddled” the issues of survival and damages, the court noted specifically that, although the cause of action might survive under A.R.S. § 14-3110, the only possible damages would be for Perez’s pain and suffering, which…”
Quintero v. Rodgers, 212 P.3d 874 (Ariz. Ct. App. 2009). · cites it 8× “A.R.S. § 14-3110 (2005) (emphasis added).”
Haralson v. Fisher Surveying, Inc., 31 P.3d 114 (Ariz. 2001). · cites it 6× “Just as that body expressly terminated recovery for pain and suffering upon the death of tort victims, see Ariz.Rev.Stat. § 14-3110 ("Every cause of action .”
Lingel v. Olbin, 8 P.3d 1163 (Ariz. Ct. App. 2000). · cites it 12× “As the Olbins point out, the question of whether a claim survives a person's death is answered by Arizona's survival statute, A.R.S. § 14-3110. That statute provides: Every cause of action, except a cause of action for damages for breach of promise to marry, seduction, libel,…”
Reynolds v. Reynolds, 327 P.3d 213 (Ariz. Ct. App. 2014). · cites it 8× “In relevant part, the statute states, “Every cause of action, except a cause of action for damages for breach of promise to marry, seduction, libel, slander, separate maintenance, alimony, loss of consortium or invasion of the right of privacy, shall survive the death of the…”
Matter of Guardianship/Conservatorship of Denton, 945 P.2d 1283 (Ariz. 1997). · cites it 6× “In contrast, defendants contend that the survival statute, A.R.S. § 14-3110 (1974) (formerly A.R.S. § 14-477), explicitly precludes victims of elder abuse and their representatives from recovering damages for pain and suffering after the death of the abused victim.”
Martin v. Staheli, 457 P.3d 53 (Ariz. Ct. App. 2019). · cites it 4× “A.R.S. § 14-3110. Generally, a cause of action for economic harm can be pursued post-mortem.”
In Re Est. of Wyttenbach, 193 P.3d 814 (Ariz. Ct. App. 2008). · cites it 5× “2d 1283 , 1287 (1997) (citing A.R.S. § 14-3110 (2005)). *124 ¶ 16 When analyzing the APSA claim in Winn II, our supreme court analyzed the importance of both subsection 0 and P.”
Est. of Winn v. Plaza Healthcare, Inc., 150 P.3d 236 (Ariz. 2007). · cites it 2× “Probate code § 14-3110, on the other hand, provides that damages for pain and suffering do not “survive the death of the person entitled thereto” and thus may not be asserted by the personal representa *152 tive.”
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— Ariz. Rev. Stat. § 14-3110(2005) — 1 case
Webb v. Gittlen, 174 P.3d 275 (Ariz. 2008).
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