Wildfire Damage Lawsuit Lawsuit in Arizona

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Written By
People's Justice Legal Research Team

Statute of Limitations

Arizona: 2 years for personal injury and property damage (A.R.S. § 12-542). Discovery rule applies for latent injuries. Claims against governmental entities require notice within 180 days under A.R.S. § 12-821.01.

2 years from discovery of injury or damage

Filing Venue

Where to File in Arizona

Wildfire claims in Arizona are filed in Maricopa County Superior Court (Phoenix), Pinal County (Telegraph Fire area), and the District of Arizona federal court. Arizona follows a pure comparative fault system (A.R.S. § 12-2505) where recovery is reduced by the plaintiff's fault but not barred at any threshold. Arizona caps punitive damages in certain contexts but does not cap compensatory damages in negligence cases. A key complication is that Salt River Project operates as a federal reclamation district with potential sovereign immunity, requiring claimants to carefully analyze the applicable liability framework. Arizona Public Service, as a private investor-owned utility, does not have immunity defenses.

Arizona Data

Exposure in Arizona

Source: Arizona Department of Forestry and Fire Management

Source: USFS Tonto National Forest / InciWeb

Source: USFS Wildland-Urban Interface Assessment

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