Arizona Personal Injury Damages Amendment, Proposition 103 (1994)
- This initiated amendment to Article II, Section 31 and Article XVIII, Sections 5 and 6 intended to eliminate Constitutional provisions restricting the recovery of damages for personal injuries or death.
|Arizona Proposition 103 (1994)|
Official results via: Arizona Secretary of State
Text of measure
The text of the ballot read:
|“|| OFFICIAL TITLE
Proposed amendment to the Constitution by the initiative
Amending the Arizona Constitution to eliminate the provisions prohibiting the legislature from restricting the recovery of damages for personal injuries, the consideration of certain defenses by a jury, and the amount of damages recoverable for death or injury.
Be it enacted by the People of the State of Arizona:
Note: Deleted language is crossed out, added language is capitalized.
- People for a Fair Legal System
- Arizona Chamber of Commerce
- Center Against Sexual Abuse
- Pima Trails Association
- Arizona Special Olympics
- Volunteer Center of Maricopa County
- Arizona Council of Centers for Children and Adolescents
- Arizona Youth Football Federation, Inc.
- Sun City Taxpayers Association
- Town of Snowflake
- Arizona Fraternal Order of Police Legislative Committee
- Arizona Cotton Growers Association
- Town of Pinetop-Lakeside
- Arizona Association of 4 Wheel Drive Clubs
- Grand Canyon State Electric Cooperative Association, Inc.
Arguments in favor of the amendment include:
- Damages awarded from lawsuits can be carried over to the consumer with higher prices or result in bankruptcy of the organization.
- Juries would may no longer have to consider the defense of "contributory negligence" or "assumption of risk."
Those opposing the amendment included:
- Arizona for Pay at Pump, A Far Better Alternative
- Frank X. Gordon, Jr, Former Chief Justice, Arizona Supreme Court
- MADD - Pima County
- Citizens Against No-Fault
- Arizona Head Injury Foundation
- Fairness and Accountability in Insurance Reform
Arguments against the amendment include:
- The amendment would allow the state legislature pass laws that could limit or eliminate a person's right to receive compensation for injuries or death.
- The amendment would limit which trials would be overseen by a jury in personal injury claims.