Thousands of people race to the emergency room every year because they have been seriously injured – or even killed – by a defective or dangerous product. These injuries make up nearly 10 percent of all personal injury claims. The legal rules injured parties have to follow when fighting for compensation for these injuries are collected under “product liability law”. There is not a federal product liability statute, so this area of law falls to the states.
In Arizona, legal action for product liability must be based on negligence or strict liability. The injured party must establish that the defendant either “manufactured or sold a defective product that was unreasonably dangerous, and that product caused injury or property damage”. The defendant in product liability cases can be one (or more) of several different parties:
- The manufacturer
- A manufacturer of any of the product’s parts
- Any party that assembles or installs the product
- The wholesaler
- The retailer
If you or a loved one has been hurt by a defective or dangerous product, you need legal help from a committed Arizona business lawyer. Burg Simpson can give you that help. Call our Arizona office as soon as possible at 602-777-7000 or complete a Free Case Evaluation form today.
In Arizona, product defects fall into one of three classifications:
- Design defect claims: These defects exist because there is an intrinsic defect in a product’s original manufacturer design. The product is defective if the product fails to perform as safely as expected, or if the design risks built into the product are greater than any expected benefits.
- Manufacturing defect claims: These product mistakes are a result of an error in the manufacturing process. The product then fails to perform as safely as expected or designed.
- Failure-to-warn defect claims: If anyone in the product design and manufacturing chain fails to warn buyers that the product is potentially dangerous even during the course of its normal expected use, then the injured party can claim there was a duty-to-warn that was ignored.
Product liability claims can be extremely time-consuming and, consequently, expensive. Our Burg Simpson office in Arizona has the resources and experience necessary to handle these complicated cases. If a defective product has injured someone you love, contact our civil attorneys in Phoenix now by calling 602-777-7000.
It is also worth noting that Arizona’s product liability laws do impose a few limits on these claims, such as:
- Statute of limitations: In Arizona, you have two years from the date of the injury to file a product liability lawsuit. However, the state’s discovery rule states that the clock does not start running until the damage is discovered – or should have been discovered.
- Pure comparative negligence rule: In Arizona, this regulation limits the potential damages based on the plaintiff’s share of responsibility for the injuries.
If a defective product has injured you or someone you love, don’t waste time wondering whether you have a case. Speak with a civil law attorney today by calling Burg Simpson at 602-777-7000.
Call a Civil Litigation Attorney at Burg Simpson Arizona Now
Proving responsibility in product liability case can be tricky, at best. If you have been seriously injured by a defective product, you need legal assistance from an experienced Arizona attorney. Call Burg Simpson Arizona at 602-777-7000 or complete our Free Case Evaluation form here.