2005 Arizona Revised Statutes - Revised Statutes §12-716  Injury during criminal acts; civil actions; presumptions; definition

A. If the court finds by a preponderance of the evidence that a plaintiff is harmed while the plaintiff is attempting to commit, committing or fleeing after having committed or attempted to commit a felony criminal act, the following presumptions apply to any civil liability action or claim:

1. A victim or peace officer is presumed to be acting reasonably if the victim or peace officer threatens to use or uses physical force or deadly physical force to either:

(a) Protect himself against another person's use or attempted use of physical force or deadly physical force.

(b) Effect an arrest or prevent or assist in preventing a plaintiff's escape.

2. This state or a political subdivision of this state is presumed to have reasonably hired and trained its peace officers to use physical force or deadly physical force if a peace officer threatens to use or uses physical force or deadly physical force to either:

(a) Protect himself against another person's use or attempted use of physical force or deadly physical force.

(b) Effect an arrest or prevent or assist in preventing a plaintiff's escape.

3. The police tool product that caused the physical harm is presumed not to be defective and the manufacturer of police tools is presumed not to be negligent if, before the sale by the manufacturer, the product either:

(a) Conforms with the generally recognized state of the art applicable to the safety of the product at the time the product was designed, manufactured, packaged and labeled.

(b) Complies with any applicable code, standard, regulation or specification that is established, adopted, promulgated or approved by the United States or this state or any agency of the United States or this state.

B. For the purposes of this section, "police tool product" means any weapon, safety equipment or product that is used by law enforcement.