Did you or someone you love suffer an injury because of a defective product in Phoenix, Arizona? You could be entitled to financial compensation for your medical bills, lost income, and more. However, going up against big companies and their legal teams is challenging, so you need and deserve legal support.
The Phoenix defective product liability attorneys at Triumph Law Group can help you explore your legal options and take action against the company responsible for your injury. We can gather evidence, handle all the legal details, and fight for the compensation you are owed. Contact us today for a free initial consultation, and let us help you take the next steps toward financial recovery.
Product Liability Claims in Arizona
Arizona law allows you to file a product liability claim if a defective product causes you injury or property damage. You can bring a claim under two legal theories: strict liability or negligence.
Strict liability applies when a manufacturer or seller produces or sells a defective product that is unreasonably dangerous. In strict liability cases, you do not need to prove that the company acted carelessly, only that the defect existed and caused harm.
Negligence claims require proof that the manufacturer or seller failed to use reasonable care in designing, making, or selling the product. If you file a negligence-based product liability claim, you must show that this failure led to the defect and caused your injuries.
Types of Product Defects That Can Give Rise to Product Liability Cases
Arizona law recognizes three types of product defects: design, manufacturing, and warning defects. Here’s an overview of what these kinds of defects can look like:
- Design Defects: Products with design defects have flaws in their designs that render them unreasonably unsafe before they’re even made. Even if a manufacturer follows the design exactly, the end product still poses a risk to consumers.
- Manufacturing Defects: A manufacturing defect exists when a mistake occurs during the making or assembly of a product. A product with a manufacturing defect does not match its intended design and becomes dangerous to users.
- Warning Defects: A warning defect arises when a company fails to provide proper instructions or warnings about a product’s risks. If a company does not warn about dangers that an average user would not expect, it could be liable for any resulting injuries.
What to Do If You Get Hurt Due to a Defective Product
If a defective product injures you, you should take the following steps to protect your health and your ability to file a legal claim:
- Get medical help immediately. A doctor can treat your injuries and document them in your medical records.
- Keep the defective product. Store the product in a safe place, and do not try to fix or change it.
- Take photos of the product and your injuries. Capture clear images of the product, any damage it caused, and your injuries.
- Save receipts, packaging, and instructions. Keep any proof of purchase, user manuals, or warning labels related to the product.
- Speak with a product liability lawyer. A trusted attorney can review your case and help you explore your legal options.
Liable Parties in Product Liability Claims
Anyone in a harmful product’s supply chain could be liable if they contributed to the defect. For instance, if a flaw in a product’s design or production process makes it unsafe, the manufacturer could be liable. Large corporations and smaller businesses that make specific components can both face liability.
Retailers and wholesalers can also be responsible due to their role in selling the product to consumers, even if they did not create it. If these parties knowingly sell a dangerous product or fail to remove a recalled item from shelves, they could share liability. In some cases, distributors could also be responsible if they handle or store a product improperly and cause defects that harm users.
Possible Legal Defenses in Arizona Product Liability Cases
Companies facing product liability claims can use several legal defenses to avoid responsibility. One common defense involves arguing that the consumer misused or modified the product. If someone uses a product in a way the manufacturer could not have expected, the company might not be liable. This also applies if a person makes major changes to a product that render it unsafe after purchase.
In food-related cases, companies can use the overconsumption defense. Arizona law does not consider food products defective if consumers only experience harm after eating too much of them.
Companies can use these defenses to claim the consumer was partly at fault. Arizona follows a pure comparative negligence rule, so the court may reduce compensation based on the consumer’s share of responsibility for their injuries.
How Much Compensation Can You Get from a Product Liability Claim?
If a defective product injures you, you could be entitled to financial compensation for your losses. The amount you receive depends on factors like the severity of your injuries and how they affect your life. Here are some losses for which you could receive compensation in a product liability claim:
- Medical expenses: The costs of doctor visits, hospital stays, surgeries, medications, and other necessary treatments related to your injury
- Future medical costs: The projected costs of future treatments, rehabilitation, or long-term medical support you will likely need for your recovery
- Income losses: The value of any income you lose during your recovery period
- Lost earning potential: The estimated income you would have earned if you had not been hurt
- Pain and suffering: The physical and emotional pain you experience due to your injury
- Lost quality of life: The loss of your ability to enjoy activities or relationships as you once did
- Other costs: Other out-of-pocket expenses, like the cost of transportation to doctor visits
Filing a Product Liability Claim in Arizona
Filing a product liability claim in Arizona starts with gathering evidence to prove that the product had a design, manufacturing, or warning defect and that the defect caused harm. Your attorney can gather useful evidence like medical records, the defective product, receipts, packaging, warning labels, and photos of injuries or damage.
You can file a product liability claim against the manufacturer, retailer, distributor, or other responsible parties. Many cases begin with negotiations for a settlement. If the company does not offer fair compensation, your attorney might recommend filing a lawsuit in court. Arizona law gives you two years from the date of injury to file a product liability lawsuit, so it’s best to consult an attorney as soon as possible. They can help you get the process started and avoid losing your right to seek compensation.
How a Phoenix Product Liability Attorney Can Help
Filing a product liability claim in Arizona can be complicated, especially when dealing with large companies and their legal teams. A lawyer from Triumph Law Group can help you by:
- Investigating how the product caused your injury
- Gathering important evidence like medical records, product packaging, and witness statements
- Consulting with experts to analyze the product and explain why it was defective
- Calculating the full amount of compensation you could receive
- Identifying all parties that could be responsible for your injury
- Handling all of your claim paperwork within Arizona’s filing deadlines
- Communicating with insurance companies and product manufacturers on your behalf
- Negotiating a fair financial settlement based on your losses
- Taking your case to court if the company refuses to offer fair compensation
- Challenging legal defenses that could reduce or eliminate your financial recovery
Contact a Product Liability Lawyer in Phoenix, Arizona
A product liability attorney from Triumph Law Group can handle every aspect of your product liability claim and advocate for the compensation you need for your recovery. Call our team of Phoenix personal injury attorneys today at 602-595-5559 to discuss your case in a free consultation session.
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