Alaface v. National Investment Co.

I concur with the majority opinion with one exception: I do not agree that a violation of A.R.S. section 32-2181 is negligence per se because I do not believe section 32-2181 qualifies as a statute intended “for the safety of others.” Ontiveros v. Borak, 136 Ariz. 500, 511, 667 P.2d 200, 211 (1983).

The majority bases its holding on the following statement:

The subdivision reporting statutes were enacted to protect buyers of subdivision lots ... from buying residential lots not containing the utility services necessary to make the property safe and habitable.... Therefore, because the…