Products can become defective in a number of ways, and these defects could lead to serious injuries or property damage to consumers. When a person sustains an injury caused by a defective product, they are often able to recover compensation through a product liability claim. Here, our
Phoenix product liability attorney shares the basic steps of filing product liability claims in Arizona.
Do You Have a Product Liability Case?
Determining whether or not you have a product liability claim in Arizona can be challenging, and we strongly encourage you to reach out to a product liability attorney who has experience handling these particular claims. Even though most products work as intended and do not cause harm to consumers, there are times when manufacturers or design teams make mistakes, and a faulty product hits the shelves.
There are three main types of product liability claims:
- Design defect. There are times when products are designed poorly from the very beginning and present safety risks for consumers.
- Manufacturing defect. These types of defects are present when the product becomes defective at some point during the manufacturing process. Even well-designed products can experience a manufacturing defect that makes them unsafe for consumers.
- Marketing defect. Marketing defects revolve around the way a product is labeled and represented to consumers. These types of defects can include faulty instructions for consumers, flawed ingredient risks, product hazards and warnings not appropriately labeled, and more.
Get in Contact With an Attorney Quickly
If you have been injured by a defective product in this state, you may very well have a claim. An attorney can offer a free consultation of your case and help guide you toward the best steps for your particular situation. If a product liability claim seems viable, an attorney may take your case on a contingency fee basis, which means you will not pay any legal fees until after the attorney recovers the compensation you need.
When you work with a specialized personal injury attorney in Phoenix, they will take over the process of filing the claim on your behalf. This includes opening communication with the company or companies alleged to have caused the injury, filing a lawsuit in civil court, and handling any negotiations that arise as a result of the claim.
Often, product liability claims fall under the theory of strict liability, which means the injury victim will not have to prove that the defendant was negligent in some way. Rather, the injury victim just needs to show that:
- A product was in an unreasonably dangerous condition when sold
- The unreasonably dangerous condition existed at the time the product left the defendant
- The dangerous condition caused the victim's injuries
Time Limit for Filing an Arizona Product Liability Claim
Product liability victims must file their claims as quickly as possible. In Arizona, the time limit for filing a product liability claim is generally two years from the date the injury occurred or from when the injury victim reasonably should have known that they sustained an injury caused by the defective product.
In addition to this two-year time frame, there is also a 12-year statute of repose for product liability claims. This means the claim must be filed within 12 years from when the product was sold, regardless of when a plaintiff sustained an injury caused by the product.
