Pima County Sheriff Mark Napier and Deputy Joseph Klein appeal a jury verdict against them for injuries plaintiff Brian McDonald sustained when he was bitten. An injured party does not have to prove negligence or fault in order to receive damages under strict liability.13.1 Scope of This Chapter. In this negligence action, the Supreme Court held that a negligence claim based solely on an officer's intentional use of physical force is inappropriate. Causation just as they would in a negligence claim not involving death. That is still the law. The term is not used in Arizona; Arizona is a no-fault state. Nonintentional Torts: Negligence: Fault. The nondelegable duty exception of the Restatement does not impose absolute liability. The tort claimants dismissed their actions with prejudice, giving a complete release of all claims, thus also releasing the City from any further liability.