ARS 12-2506 Interpretation
In Wiggs v. City of Phoenix, 198 Ariz. 367, 10 P.3d 625 (2000), the court held the Arizona rule that makes an employer vicariously liable for the negligence of an independent contractor performing a nondelegable duty of the employer was unaffected by A.R.S. 12-2506 and, indeed, was consistent with the express language of A.R.S. 12-2506(D).
That section states that "a party is responsible for the fault of another person . . . if the other person was acting as an agent or servant of the party."
In so holding, the court stated:
Joint liability and vicarious liability are related but separate doctrines. the joint liability that was abolished by A.R.S. 12-2506(D) was limited to that class of joint tortfeasors whose independent negligence coalesced to form a single injury.
In contrast to those whose liability was vicarious only, each was personally at fault to some degree, though each was wholly liable for full damages. Section 12-2506 changed that. 198 Ariz. at 371, P13, 10 P.3d at 629.