Abstract
Article 18, section 5 of the Arizona Constitution provides, "[t]he defense of contributory negligence or of assumption of risk shall, in all cases whatsoever, be a question of fact and shall, at all times, be left to the jury." In Phelps v. Firebird Raceway, Inc., the Arizona Supreme Court confronted the question of whether this constitutional provision applies to express contractual waivers of liability. In a rare 3-2 vote, the court held the broad language used in Article 18, section 5 encompasses all types of assumption of risk, including express contractual assumption of risk.
How to Cite
47 Ariz. L. Rev. 1081 (2005)
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