What Is Sovereign Immunity?
Sovereign immunity is the legal doctrine that a government cannot be sued without its consent. At common law, governments were entirely immune from personal injury lawsuits. Modern statutory law in Arizona has waived that immunity—but only under specific conditions and with strict procedural requirements that differ significantly from suing a private party.
Arizona Government Liability: ARS §§ 12-820 Through 12-821.01
Arizona waived sovereign immunity for personal injury torts under ARS § 12-820.01, allowing claims against state agencies, cities, counties, school districts, and their employees. But the procedural requirements are non-negotiable:
- Notice of Claim: Under ARS § 12-821.01, you must serve a written notice of claim on the appropriate government entity within 180 days of the injury (or from the date you knew or should have known you had a claim). This notice must include your name, address, the date and place of the accident, the nature of the claim, and the amount of damages sought. Courts have dismissed cases where the dollar amount was omitted or the notice was served on the wrong entity.
- Lawsuit deadline: After the notice period runs, you have one year from the date the claim accrued (ARS § 12-821) to file suit—shorter than the standard two-year PI deadline.
- Damage caps: Claims against the state are capped under ARS § 12-820.02 for punitive damages, and certain discretionary governmental functions are immune even under the waiver.
How It Affects Your Personal Injury Case
The 180-day notice requirement is a trap that eliminates cases that would otherwise be strong. Accident victims focused on medical recovery often don’t realize they have a government claim until months later. Identifying any government involvement (city bus, state highway defect, county employee vehicle) is one of the first things an attorney does in initial case evaluation.
Example Scenario
A pothole on a Phoenix city street causes a motorcycle accident. The injury date is January 15. The injured rider must serve the City of Phoenix with a written notice of claim by July 15 (180 days). If the rider waits until September to consult an attorney, the notice deadline has passed and the case against the city is barred—even if the pothole was clearly the city’s fault and was reported previously.
Frequently Asked Questions
Who do I serve the notice of claim on in Arizona?
Under ARS § 12-821.01, the notice must be served on the person or entity authorized to accept service for the government unit involved. For a city, that is typically the city clerk. For the state, it is the attorney general. Serving the wrong person or entity has been held by Arizona courts to be fatal to the claim.
Does the 180-day clock start when I was hurt or when I hired an attorney?
The clock starts when you knew or reasonably should have known of the injury and that a government entity may be responsible—typically the date of the accident. Hiring an attorney does not reset or pause the clock. Arizona courts apply this strictly, so if you suspect government involvement in your accident, contact an attorney within weeks, not months.
Injured by a government vehicle or on government property? Call Wood Injury Law at (623) 207-0000 for a free case review.