REFERENCE TITLE: duty of care; leased vehicles

 

 

 

 

State of Arizona

House of Representatives

Fifty-sixth Legislature

Second Regular Session

2024

 

 

 

HB 2461

 

Introduced by

Representative Cook

 

 

 

 

 

 

 

 

An Act

 

amending title 12, chapter 6, article 9, Arizona Revised Statutes, by adding section 12-690; relating to product liability.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 12, chapter 6, article 9, Arizona Revised Statutes, is amended by adding section 12-690, to read:

START_STATUTE12-690. Duty of care; admissibility of evidence in certain motor vehicle accidents; definition

A. In any civil action where a covered motor vehicle is involved in an accident, there is no obligation or duty of care for an owner, lessor or operator of the covered motor vehicle, or for a person renting or leasing the covered motor vehicle to another person, to retrofit the covered motor vehicle with component parts or optional equipment, or to have selected component parts or optional equipment to be included on the covered motor vehicle, if such parts or equipment were not required by the federal motor vehicle safety standards under 49 code of federal regulations part 571 applicable when the covered motor vehicle was manufactured or sold. Evidence related to such an alleged obligation or duty is inadmissible.

B. This section does not apply if the owner, lessor or operator of the covered motor vehicle, or the person renting or leasing the covered motor vehicle to another person, fails to comply with a law or regulation issued after the covered motor vehicle was manufactured or sold requiring a mandatory recall or retrofit of the covered motor vehicle.

C. For purposes of this section, "covered motor vehicle" means a motor vehicle for which the owner's liability for an accident is governed by 49 United States code section 30106. END_STATUTE