A. Except as specifically provided in this article, this article does not affect, alter or otherwise modify any other rules of tort immunity regarding public entities and public officers as developed at common law and as established under the statutes and the constitution of this state.

Terms Used In Arizona Laws 12-820.05

  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Employee: includes an officer, director, employee or servant, whether or not compensated or part time, who is authorized to perform any act or service, except that employee does not include an independent contractor. See Arizona Laws 12-820
  • Injury: means death, injury to a person, damage to or loss of property or any other injury that a person may suffer that would be actionable if inflicted by a private person. See Arizona Laws 12-820
  • Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
  • Public employee: means an employee of a public entity. See Arizona Laws 12-820
  • Public entity: includes this state and any political subdivision of this state. See Arizona Laws 12-820
  • State: means this state and any state agency, board, commission or department. See Arizona Laws 12-820
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.

B. A public entity is not liable for losses that arise out of and are directly attributable to an act or omission determined by a court to be a criminal felony by a public employee unless the public entity knew of the public employee‘s propensity for that action. This subsection does not apply to acts or omissions arising out of the operation or use of a motor vehicle.

C. A public entity is not liable for damages as a result of an injury caused by any act or omission by a public officer who renders emergency care gratuitously and in good faith in a public building, at a public gathering on the grounds of a public building or at the scene of an emergency occurrence or as the result of any act or failure to act to provide or arrange for further medical treatment or care for the injured person, unless the public officer, while rendering the emergency care, is guilty of gross negligence.