What This Statute Says
Closed-course motor sport facilities, like racetracks and speedways, separate the general public from the higher-risk participant areas. Arizona allows operators to require a signed release for entry to those participant areas and provides a corresponding liability shield.
A person or entity that owns, leases or operates a closed-course motor sport facility or that sponsors the motor sport event is not liable for an injury to or the death of a nongeneral spectator, unless the injury or death is a direct result of intentional misconduct or gross negligence, if the nongeneral spectator both: 1. Signed a motor sport liability release form. 2. Was injured within a nongeneral spectator area during the period of time covered by the motor sport liability release form.
A.R.S. § 12-556(A)How the Statute Works
The shield depends on three things:
- The injured person was a "nongeneral spectator," meaning an event participant or attendee entering the posted participant area.
- That person signed a written release in at least eight point type.
- The area is "posted" with the required fencing and signage clearly marking the nongeneral spectator boundary.
The shield does not reach the general grandstand or admission seating. Gross negligence and intentional misconduct also fall outside the shield.
What This Means for Arizona Families
If a loved one died at a motor sport event, the legal landscape depends sharply on where they were standing and what they signed. A family pursuing a wrongful death claim on behalf of an estate should expect the operator to invoke this shield if a release is on file and the area was properly posted. Our FAQ on probate timelines in Arizona covers how a civil recovery flows into the estate when the case does proceed.