The Arizona Revised Statutes have been updated to include the revised sections from the 56th Legislature, 1st Regular Session. Please note that the next update of this compilation will not take place until after the conclusion of the 56th Legislature, 2nd Regular Session, which convenes in January 2024.
This online version of the Arizona Revised Statutes is primarily maintained for legislative drafting purposes and reflects the version of law that is effective on January 1st of the year following the most recent legislative session. The official version of the Arizona Revised Statutes is published by Thomson Reuters.
12-687. Reasonable remedial measures; cause of action; punitive damages
If a person or entity conducts a product safety analysis or review and, as a result, takes reasonable remedial measures, the following shall apply to a product liability action brought against the person or entity:
1. The plaintiff may not use the product safety analysis or review or the reasonable remedial measures to prove negligence, that the product was defective or unreasonably dangerous, or other culpable conduct in a product liability action. However, the plaintiff may use the product safety analysis or review or reasonable remedial measures for other purposes, such as proving feasibility of precautionary measures, impeachment or to controvert any position taken by a defendant in litigation which is inconsistent with the contents of the product safety analysis or review or reasonable remedial measures.
2. This subsection does not prevent a plaintiff in a product liability action from proving negligence, that the product was defective or unreasonably dangerous, or other culpable conduct by other independent evidence or sources, even if such evidence or sources are mentioned or included in the product safety analysis or review or reasonable remedial measures.
3. The plaintiff may not use the product safety analysis or review or the reasonable remedial measures to prove conduct that would subject the person or entity that caused the product safety analysis or review to be performed to punitive or exemplary damages, unless the plaintiff establishes that the analysis or review, or the reasonable remedial measures, were undertaken in bad faith or solely for the purpose of affecting the litigation instituted by the plaintiff.
4. The existence and contents of a product safety analysis or review and any resulting reasonable remedial measures are discoverable and subject to disclosure in a product liability action unless otherwise privileged. However, a portion of a product safety analysis or review may be designated and maintained as confidential and protected from public disclosure pursuant to applicable rules of civil procedures if the portion involves trade secrets as defined in section 44-401, proprietary material or competitively sensitive information. Any dispute as to confidentiality shall be determined by a court following an in camera review of the portion of the analysis or review in question.