Product Liability Cases in Arizona
Consumers who are injured using a product as it was intended may have a product liability claim. However, problems sometimes arise with consumer goods, and even seemingly benign products may have the potential to cause injury to consumers.
If you have wrongfully suffered an injury as the result of a defective product, you may have the right to seek compensation for your injuries and should seek the support of an attorney as soon as possible. Our Phoenix product liability attorneys at JacksonWhite Law are here to help you seek the compensation and damages you deserve.
What Is Product Liability?
Product liability is the legal responsibility of manufacturers, sellers, or distributors to provide damages for injuries that result from defective products. For example, if a product malfunctions and injures someone, then the victim may be able to sue the manufacturer or seller for damages on the grounds of product liability.Â
Product liability law extends to just about any good that can be bought or sold. Defined in ARS 12-681, a product liability action is any action brought against a manufacturer or seller of a product for bodily injury, death or property damage resulting from the design, manufacture or standard use of the product. If a product or good is defective or the dangers are not communicated to consumers, then there is a significant chance that the manufacturer or seller can be held liable for negligence.
The different types of product defects are typically categorized into three main groups:Â
- Design Defects – Product liability claims may succeed where mistakes were made in a product’s design process. If the product’s design makes it dangerous to use the product as intended, liability may be assigned to the product’s designer.
- Manufacturing Defects – The manufacturer of the product may be liable if the product was manufactured or assembled in a manner that made it dangerous for consumers and caused an injury.
- Marketing Defects – Product liability claims may succeed when a product is mislabeled or labeled poorly, such that consumers are not adequately warned of potential dangers that the product presents.Â
Manufacturers have a responsibility to both create a safe, working product and warn consumers of the potential hazards of using the product. Irresponsible marketing or manufacturing that leads to an injury can ultimately lead to a potential product liability case.
Arizona Product Liability Laws
Covered under ARS 12-551, Arizona has strict laws around product liability in order to protect consumers from manufacturers cutting corners. Manufacturers may be held responsible if a defective item causes injury, illness, property damage, or death. Ultimately, if a manufacturer or seller is negligent or irresponsible in the process of designing, marketing or manufacturing a product, then an injured party may have a case.
If deciding to pursue a case against a company, consumers should keep in mind the following considerations:Â
- Negligence is one legal avenue – A company failing to do their due diligence in ensuring a safe product can qualify an individual for compensation if they are affected by a defective product.
- Proving negligence is not always necessary – If a product causes an injury due to a malfunction, the injured party may still have a claim of action regardless of the company’s intent or awareness of a potential defect.
- A breach of warranty can justify a claim – A breach of warranty means that a manufacturer or seller did not uphold their promise or guarantee to ensure a safe, quality product.
- There is a statute of limitations – According to ARS 12-551, product liability cases in Arizona have a statute of limitations of two years that begins either at the time of the injury or at the time of the discovery of the injury.
An injured party from a defective product often has a strong case against a manufacturer, but because of the limitations you have on building a case, it’s crucial that you initiate legal action as possible. To determine if you have a case and if you are within the statute of limitations to pursue your case, you should consult a product liability lawyer as soon as possible.
Common Types of Product Liability Cases
Product liability cases can stem from defects in virtually any product on the market. However, there are some categories of products that are more common in product liability cases and prone to cases of liability.Â
The most common types of product liability cases include:
- Defective auto parts – Faulty airbags, seatbelts, brakes or other automotive components that lead to unnecessary accidents or avoidable injuries.
- Dangerous drugs and medical devices – Defective medical devices, like surgical hip replacements or pacemakers, that have harmful side effects that lead to injury.
- Household products – Household products can include defective kitchen appliances, electronics or furniture pieces that don’t hold up and cause injury.
- Children’s products and toys – Defective or hazardous products like furniture or toys that cause harm to children.
- Industrial or construction equipment – Malfunctioning tools or equipment that causes an accident or injury in the workplace.Â
If you’ve experienced any of the above concerns, you should contact a product liability lawyer as soon as possible. An attorney can help you determine your grounds for a lawsuit and help you start gathering evidence for your case against a manufacturer.
Types of Compensation in Product Liability Cases
An injured party may be entitled to multiple forms of compensation depending on the results of the incident. Generally, you may be able to seek compensation for any inconvenience you experience as a result of your injury.
The following are the most common types of compensation:Â
- Medical Expenses – You may be able to seek compensation for any medical bills related to your sustained injury, whether that’s now or in the future.
- Lost Wages – If an injury from a product causes you to miss time from work or diminishes your earning capacity, you may be able to pursue financial damages to recover your lost income.Â
- Pain and Suffering – You can pursue financial damages as compensation for physical pain, emotional distress, and any reduced quality of life that occurred as a result of an injury.
- Punitive Damages – In cases of extreme misconduct or negligence, you may be able to seek punitive damages as compensation and as a method of punishment to the responsible party to dissuade future actions.
Not everyone will be entitled to all of the above forms of compensation in their case. The best way to determine the damages you are most likely to access is to contact a skilled personal injury attorney so they can review your case and the circumstances around it.
Proving a Product Liability Claim
Plaintiffs may have more than one option for proving liability in a product liability case. As with most personal injury cases, one option for proving liability is showing that the seller or producer of the product acted negligently. However, negligence can be difficult to prove, and all that’s necessary is to establish a link between the product and the sustained injury.
Ultimately, there are three main elements for proving a product liability claim:
- Proving Defect – A case should gather evidence, such as expert testimony or related cases of malfunction, to show that the product was defective due to design, manufacturing, or marketing issues.
- Proving Causation – A claim must establish a clear connection between the product and the injuries sustained, using evidence like expert testimony and medical records.
- Proving Damages – Using medical records, property repair records, or other documentation of financial, physical, or emotional harm, a case must demonstrate that a defective product did, in fact, cause damage.
 Sellers and designers of products may use a variety of strategies to overcome strict liability claims, like claiming that a consumer knew of the defect or altered the product. These potential defenses make it crucial to have a strong case that proves that a product directly caused harm. The role of expert testimony and a strong legal case is valuable for demonstrating that a product was defective and directly caused injury. Â
With the important elements necessary to prove causation in a product liability case, it’s important to have an experienced attorney assist you in building your argument. A product liability attorney can examine a plaintiff’s case and put together the pieces necessary for pursuing compensation.
How a Phoenix Product Liability Attorney Can Help
An attorney serves as a valuable resource in a product liability case. A product liability attorney can help you understand your legal options, your potential avenues for recourse, and how to file a case. They will also be able to guide you through the process so that you don’t overlook any necessary steps and end up compromising your claim.Â
Our product liability lawyers at JacksonWhite can support you in the following ways:
- Case Evaluation – An experienced attorney will help you understand your potential legal avenues for seeking damages and your right to compensation.Â
- Investigation and Evidence Gathering – We will conduct a thorough investigation to gather evidence for your case, looking into product history, manufacturing records, expert testimony, and available incident reports.
- Expert Witnesses – We will seek the support of expert witnesses, such as medical and technical experts, to prove product defects and how they may have led to injury in order to build your case.
- Negotiation with Insurance Companies – We will represent you in negotiations with manufacturers and their insurers in search of a settlement that secures fair compensation for you.
- Litigation Support – In cases that go to court, our attorneys will represent you in the courtroom by arguing before the judge, cross-examining witnesses, and presenting evidence to support your case.Â
At JacksonWhite, we are committed to helping you secure the best possible outcome by creating a strong legal strategy. By supporting you in the above areas, we’ll help reduce the stress of navigating the legal system and provide you with valuable peace of mind.Â
Why Choose JacksonWhite Law?
Our personal injury attorneys at JacksonWhite Law will aggressively advocate for you in search of fair compensation. We lead in every case with compassion and consideration for our clients, ensuring you clearly understand every step of the legal process and have the support to navigate it.
Working with us means you receive the careful attention of a personal injury attorney to provide the answers, advice, and advocacy you need for overcoming negligence. We begin every personal injury case with a free initial consultation, giving us a chance to understand the unique details of your case and your potential legal options.
Working with us provides all the following benefits:
- Experience – Our attorneys at JacksonWhite have abundant experience representing clients in product liability and personal injury cases.Â
- Track Record of Success – We have a track record of successful outcomes, with proven results of courtroom verdicts and negotiated settlements secured through past cases.
- Client-Focused Representation – We take a compassionate yet aggressive approach to representing our clients, meaning that we focus on our clients’ goals while advocating for them against the prosecution.
- No Upfront Fees – Our firm uses a contingency fee structure, which means we don’t charge our clients unless we win the case or achieve a financial settlement.Â
Above all else, our attorneys will put you first in the process, ensuring that we work toward the best possible outcome for you. We’ll put our experience to work in gathering evidence, seeking expert testimony, and building the strongest case we can, striving to make the process as simple and straightforward for you as possible.Â
Our Phoenix product liability attorneys support clients in Phoenix and throughout all of Arizona. When you contact us for a free initial case review, we’ll begin gathering the details and get to work building your case.
Receive Just Compensation for Product Liability Cases
A product liability case provides a chance for restitution for anyone who has been injured by a defective or malfunctioning product. Arizona has strict laws surrounding product liability cases, meaning anyone injured by a defective product has a strong chance of securing compensation for any damages they’ve experienced. If you’ve been injured in Arizona as the result of a defective product or a product malfunction, then you should seek the support of a Phoenix product liability attorney as soon as possible.Â
At JacksonWhite Law, we are committed to protecting consumers and helping them seek the compensation they deserve. Our personal injury attorneys will support you in gathering evidence and building a case that maximizes your chances of receiving compensation—we represent clients in the Phoenix metropolitan area and throughout Arizona. Schedule your free case review with us so that we can discuss your options and start developing our strategy.Â
Call Personal Injury Attorney Jared Everton at (480) 467-4392 to discuss your case today.
