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How to Sue for a Defective Product

January 16, 2025 | 5 min read
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Before you file a defective product lawsuit in Arizona, it is essential to prove how the defective product caused your injury. While this may seem like a fairly simple task, establishing that a product defect caused a serious injury typically requires a thorough investigation. If you have been injured and you believe a defective product played a role, talking to an experienced product liability lawyer can help you understand your rights, your options, and the best way to seek the compensation you are due.

Call Burg Simpson at 602-777-7000 to schedule a confidential and FREE consultation with one of our Phoenix product liability attorneys today.

The Scope of the Problem

According to the National Safety Council (NSC), 12.7 million people were treated in the ER due to injuries caused by defective products in 2023. Tragically, hundreds of people are also killed each year by product defects. It is important to note that the number provided by the NSC reflects emergency room visits only. Because some injuries are treated at home or never reported, it is very difficult to know the full scope of damage done by defective products.

The NSC reports that stairs, ramps, landings, and floors are the most common cause of defective product injuries. This is followed by beds, pillows and mattresses, chairs, sofas and sofa beds. Other items commonly involved in defective product lawsuits in Arizona include:

  • Vehicles and automotive parts
  • Household appliances
  • Medical devices
  • Prescription medications
  • Children’s toys and products
  • Industrial equipment

No matter the product, when a design defect, fault in manufacturing, or failure to warn of dangers causes serious or fatal injury, victims and their families have every right to hold the responsible party accountable. If you need help, the attorneys at Burg Simpson are here to listen to your story, help you assess your options, and determine if filing a defective product lawsuit is the right solution for your needs.

How to File a Defective Product Lawsuit in Arizona

Filing a defective product lawsuit is a serious undertaking. Each case is different, but the process typically involves:

Speaking With a Lawyer

The first step in filing a defective product lawsuit in Arizona is talking to a qualified attorney. Your lawyer will review the facts of your case, assess your damages, discuss potential legal strategies, and help you understand all of your options.

Investigating the Product Defects

Your lawyer will perform a thorough investigation into your injury to determine how and why the product caused you harm. It may be necessary to work with expert witnesses who can explain how the product failed to meet safety standards or how defects led to an accident.

Identifying the Liable Parties

Once the defect has been identified, it becomes important to identify all liable parties. There can be more than one liable party in a defective product lawsuit. Each will need to be identified to help ensure you receive the full compensation you are entitled to.

Filing the Lawsuit

Following the investigation, your attorney can prepare and file the necessary documents with the proper court. Filing a defective product lawsuit in Arizona requires precise adherence to strict legal procedures. Your lawyer will take care of the specifics while you focus on recovering.

Negotiations and Litigation

After your case is filed, settlement negotiations can begin. This is where a majority of product liability claims are resolved. However, if a settlement cannot be reached, your lawyer will have the option of pursuing compensation through a trial.

Throughout the legal process, your product defect attorney will advocate on your behalf, protect your best interests, and help you pursue the maximum compensation you are due. Attempting to handle these complex cases alone can expose you to unnecessary risks and may even result in your claim being reduced or dismissed.

At Burg Simpson, our award-winning lawyers have significant experience both in and out of the courtroom. Proven negotiators, we make every effort to resolve these claims before a trial is necessary. However, we will not settle for less than you are due. We are prepared to take viable cases as far as needed to secure the compensation our clients truly deserve.

How Much Time Do I Have to File a Defective Product Lawsuit in Arizona?

In Arizona, you have two years from the date of your injury to file a defective product lawsuit. While some factors might extend the statute of limitations for product liability claims, it is best to talk to a lawyer before this period has passed. Acting as soon as possible can help to preserve evidence and ensure witness memories are accurate. It also helps you secure the compensation you need in a shorter time. Waiting can put months or even years between you and the compensation you are owed—all while medical expenses and other damages continue to accrue.

At Burg Simpson, our product liability lawyers understand the confusion and uncertainty that can accompany serious injury. We are here, right now, to listen and advise. Reach out today for a free, no-obligation case review to learn more about the Arizona defective product statute of limitations and how quickly you will need to act to avoid losing the option to file suit.

What Types of Damages Can I Seek Through a Defective Product Lawsuit in Arizona?

Through a defective product lawsuit in Arizona, you may be able to pursue a variety of damages. Depending on the details of your case, these may include:

  • Medical Expenses: Emergency care, surgeries, hospital stays, doctor visits, rehabilitation, and ongoing medical care.
  • Lost Wages: Current and future employment-related income loss.
  • Property Damage: Repair and replacement costs, damaged personal property.
  • Pain and Suffering: Physical pain, emotional trauma, loss of enjoyment, and forced changes to lifestyle.

Damages in product liability claims typically fall under either economic or non-economic categories. Known collectively as compensatory damages, these are intended to provide compensation for the various ways in which an injury has and may continue to impact your life. The Arizona Constitution specifically prohibits limiting compensatory damages in personal injury claims.

Another type of damages, known as punitive damages, may also be awarded in defective product injury claims. While extremely rare, these damages are designed to punish the liable party for particularly negligent behavior. Burg Simpson recently secured a $55.5 million product liability verdict in Colorado. Punitive damages made up a majority of that award.

Without a thorough review of your case, it can be difficult to determine which damages you may be entitled to. During your initial consultation, we will carefully review your claim to help you determine what your Arizona product liability claim may be worth.

Talk to a Phoenix Product Liability Lawyer for Free

If you suspect that a defective product caused your injury, we are here to help. Our nationally recognized attorneys have the knowledge, resources, and drive needed to help you secure the compensation you deserve. We have recovered more than $2 billion on behalf of our clients. We will do everything possible to ensure you receive fair and full compensation.

There is no cost and no risk to meet with our team and discuss your legal options. Call us today or contact us online to schedule your FREE consultation and learn more. The lawyers at Burg Simpson have more than 45 years of experience with defective product lawsuits in Arizona. We proudly represent individuals and families in Phoenix, Tucson, Tempe, and throughout Arizona.

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