The injured could file a tort case against the employer and usually win the case. Our Reference Guide covers many areas of Arizona law, highlighting the most common issues associated with civil litigation.The liability of each defendant is several only and is not joint, except that a party is responsible for the fault of another person. Arizona's courts, like most courts, have wrestled with the limits of tort liability in negligence cases. When a tort claim against an employee is dismissed, can a claim against the employer for respondeat superior be maintained? In the Arizona Superior Court, for instance, approximately two-thirds of the tort cases filed arise out of motor vehicle accidents. The majority of courts have allowed evidence of OSHA violations in tort cases. Tort cases in Arizona are civil cases involving legal disagreements between entities such as individuals, businesses, corporations, or partnerships. So long as you can provide proof that the exposure to asbestos caused an injury, you will have successfully made out a negligence claim. In tort actions for death or injury to person or property, no defendant shall be liable for an amount greater than its percentage of the negligence.
