Phelps v. Firebird Raceway, Inc.: Establishing Express Assumption of Risk as a Question of Fact for the Jury

The Arizona Supreme Court confronted the question of whether this constitutional provision applies to express contractual waivers of liability. In a rare 3-2 vote, the court held the broad language used in Article 18, section 5 encompasses all types of assumption of risk, including express contractual assumption of risk.