|
Below are a collection of Arizona court decisions, as well as new
laws passed in the Legislature.
These items are taken from our firm's newsletter, 'On the Arizona
Legal Scene'. We also include historical legal events of interest, and definitions of current legal principles.
In the hope that you find these items interesting, informative or
entertaining, we are pleased to pass them along to you with our best wishes! |
|
On the Arizona Legal Scene:
|
|
Under Arizona law, an employer may search
an employee's desk or other "work place"
but may not search areas where employees
have a right of expectation of privacy,
such as lockers.
A.R.S. 28-1233 now requires taxi owners to
carry liability and uninsured motorist coverage
to protect passengers.
If you are test driving a vehicle from a car dealer,
A.R.S. 20-1123.01 provides that your insurance is
primarily liable for any accidents you cause,
not the dealers insurance.
A nonresident whose Arizona driver's license
has been revoked or suspended may not drive
under a license from another jurisdiction.
State v. Banicki
|
|
Prisoners may not assert a claim for minimum wages
against the State. Bilke v.State
The first speed limit in Arizona was established by the Tucson City
Council in 1903 at 7 mph.
A condominium association has a duty to maintain the safety of the
physical conditions of its common areas and to control dangerous activities on such areas. Martinez v. Woodmar IV Condominiums
In Arizona, a superior court judge may not practice law nor serve as an
advisor or employee of any business entity. Re: Fleischman
Brief detention of luggage and squeezing and smelling its contents after
it has been checked with airline personnel does not violate the owner's Fourth Amendment rights. State v. Peters
Simple negligence is not actionable for injury among participants in
recreational sports. Estes v. Tripson
The Federal Tort Claims Act exempts the United States from liability for
intentional torts (wrongful acts) committed within the scope of government employment.
People age 40 and older are protected by federal anti-discrimination
laws.
A driver cannot avoid suspension of license by withdrawing refusal of
chemical test once police obtain search warrant for blood test. Koller v. ADOT
In order to avoid liability for workplace harassment, an employer must
show that it exercised reasonable care to prevent and correct harassing behavior.
Under A.R.S. 20-263: "No insurer shall increase the motor vehicle
insurance premium of an insured as a result of an accident not caused or significantly contributed to by the actions of the insured."
Comparative negligence - the contributing negligence of the injured
party which in combination with the negligence of the defendant produced the injury. Under Arizona's system, the defendant must only pay for a proportional share of the total injury based on his percentage of comparative fault. |
