Arizona Revised Statutes

Ariz. Rev. Stat. § 40-423 (2026)

Liability of public service corporation to persons for injury resulting from violation of chapter

✓ current as of May 2026

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A. If any public service corporation does or permits to be done anything forbidden or declared to be unlawful, or omits to do anything required to be done, by the constitution or laws of the state, or by orders of the commission, the corporation is liable to the persons affected thereby for all loss, damages or injury caused thereby or resulting therefrom. If the court finds that the act or omission was wilful, it may also award exemplary damages.

B. A recovery under this section shall not in any manner affect a recovery by the state of the penalties provided in this chapter, or the exercise by the commission of its power to punish for contempt.

Notes of Decisions

Cited in 4 cases, 1956–1991 · leading case: Delgado v. S. Pac. Transp. Co., 763 F. Supp. 1509 (D. Ariz. 1991).

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Delgado v. S. Pac. Transp. Co., 763 F. Supp. 1509 (D. Ariz. 1991). · cites it 9× “A.R.S. § 40-423 (West 1985). Southern Pacific contends that section 40-423 did not add to its duties under Arizona common law, and that even assuming section 40-423 created a new duty for it, Delgado is not a member of the class protected by the statute and therefore cannot…”

S. Pac. Transp. Co. v. Lueck, 535 P.2d 599 (Ariz. 1975). · cites it 2× “In view of our conclusion that the instruction was fatally deficient, we do not feel called upon to pass upon the plaintiff’s argument that A.R.S. § 40-423, quoted supra, imposes strict liability upon a public service corporation where it willfully omits to do an act required by…”

Downs v. Sulphur Springs Valley Elec. Coop., Inc., 297 P.2d 339 (Ariz. 1956). · cites it 2× “1939, A.R.S. § 40-423, plaintiff is given the right to punitive damages.”

Christy v. Baker, 439 P.2d 517 (Ariz. Ct. App. 1968). ““Even if we assume that section 40-423 was enacted for the public safety, which is questionable, the plaintiffs may not recover unless the jury might properly find from all the evidence that the violation of the statute was the proximate cause of the injuries. In Alires v.”

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