Non Negligent Liability Agreement In Arizona
Absent any public policy to the contrary, Arizona allows parties to agree in advance that one party shall not be liable to the other for negligence.
See Salt River Project Agric. Imp. and Power Dist. ("SRP") v. Westinghouse Elec. Corp., 143 Ariz. 368, 382-83, 694 P.2d 198, 212-13 (1984); Valley Nat'l Bank v. National Ass'n for Stock Car Auto Racing, Inc. ("NASCAR"), 153 Ariz. 374, 377, 736 P.2d 1186, 1189 (App. 1987).
However, Arizona courts traditionally look upon such releases with disfavor out of concern that they may encourage carelessness. See SRP, 143 Ariz. at 382, 694 P.2d at 212.
Accordingly, we construe the limiting language of a release strictly against the party relying upon it. See id. at 383, 694 P.2d at 213.