Arizona Court Tackles Highway Accident Liability Issue

The Arizona Supreme Court says state law can shield governments from lawsuits over alleged unsafe highways but that the protection only applies if the public is warned about dangerous hazards.

The justices ruled Friday that the state and its local governments have what is called an “affirmative defense” against lawsuits over alleged unsafe highways if the roadways met accepted standards when they were built.

However, the justice also ruled that state still can be sued for a 2007 fatal accident on Interstate 10. That’s because the state didn’t warn motorists that the freeway’s lack of a median barrier might create an unreasonable dangerous hazard.

The warning requirement is part of the affirmative defense law.