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A.R.S. 12-688, 12-691

Duty to warn; food products (12-688)

There is no duty to warn a purchaser, user or consumer or any other person, regardless of age, that the consumption of a food product that is not defective and unreasonably dangerous may cause health problems if consumed excessively.

Civil liability for shoplifting; adult; emancipated minor (12-691)

An adult or emancipated minor who commits shoplifting as defined by section 13-1805 is civilly liable to the owner of the obtained goods for all of the following:

1. A penalty in the amount of the retail value of the obtained goods.

2. For an adult, an additional penalty of at least two hundred fifty dollars but not more than two hundred fifty dollars plus the actual damages to the owner.

3. For an emancipated minor, an additional penalty of at least one hundred dollars but not more than one hundred dollars plus the actual damages to the owner.

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A.R.S. 12-692

Shoplifting by unemancipated minor; liability of parent or guardian; foster parents

A. The parents or legal guardians having custody or control of an unemancipated minor who commits shoplifting as defined by section 13-1805 are civilly liable to the owner of the obtained goods for all of the following:

1. A penalty in the amount of the retail value of the obtained goods.

2. An additional penalty of not less than one hundred dollars nor more than one hundred dollars plus the actual damages to the owner.

B. Foster parents are not liable under subsection A of this section for the acts of children placed with them pursuant to title 8, chapter 5.

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A.R.S. 12-693

Conviction for shoplifting; admissibility

A conviction for shoplifting under section 13-1805 is not required to maintain an action pursuant to this article. An adjudication of not guilty of violation of section 13-1805 is admissible in an action for civil liability under sections 12-691 and 12-692. A person convicted for shoplifting under section 13-1805 is precluded from subsequently denying the essential allegations of the offense in any action pursuant to this article. For the purposes of this section, a conviction may result from a verdict or a plea including a no contest plea.

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A.R.S. 12-694

Bringing action; court

An action for recovery of damages under this article may be brought in any court of competent jurisdiction, including the small claims division of a justice court, if the total actual damages and penalties do not exceed the jurisdictional limit of the court.

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