A product liability claim arises when a product is unreasonably dangerous and causes injury. Arizona law recognizes three categories of defect. A design defect means the product was dangerous as designed, even if manufactured correctly. A manufacturing defect means an error in production made a particular unit dangerous. A warning defect (or 'failure to warn') means the product lacked adequate instructions or warnings about a known risk.
Three Kinds of Product Defects
Common cases involve defective auto parts, tires, airbags, machinery, appliances, medical devices, and children's products.
Strict Liability Helps Victims
In many product cases, Arizona applies strict liability, meaning the injured person does not have to prove the manufacturer was negligent. It is enough to show the product was defective and that the defect caused the injury when the product was used as intended or in a reasonably foreseeable way.
This is a significant advantage for victims, because proving exactly how a large company made a mistake in design or production would otherwise be extremely difficult.
Who Can Be Held Responsible
Liability can extend through the entire chain of distribution: the manufacturer, makers of component parts, distributors, and retailers. Identifying every responsible company is important, especially in catastrophic cases where one defendant's insurance may not be enough.
These cases typically require engineering and industry experts to establish the defect and connect it to the injury, which is why they demand experienced handling and resources.
Preserve the Product
The single most important thing you can do in a product case is keep the product itself, do not repair, alter, or throw it away. The defective item is the central piece of evidence, and losing it can doom an otherwise strong claim. Keep packaging, manuals, and receipts too, and photograph everything. Then seek a prompt free review so the product and other evidence can be properly preserved and examined.
Have questions about your own situation? Get a free, confidential case review. You pay no fee unless you win. Call 973-566-5599.
This article is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Arizona attorney.