However, if you file a claim based on intentional torts, you must prove their willful intent before you can recover damages. The liability of each defendant is several only and is not joint, except that a party is responsible for the fault of another person.Our Phoenix government negligence attorneys can help you through the process of bringing a claim against the state. First, two key pieces of evidence must be presented: eyewitness testimony and tangible proof such as photos or videos from the scene. To prove negligence you need 4 elements: 1) duty, 2) breach of duty, 3) causation, and 4) damages. The statute applies to all claims against public entities whether the claim seeks recovery for personal injury, property damage, or other damage. Being involved in a personal injury accident is never convenient for anyone. Arizona's courts, like most courts, have wrestled with the limits of tort liability in negligence cases. See your personal injury attorney to find out if your case will hold up in court, and take it from there. Medical Negligence, Product Liability), and the damages instructions are in the Personal.