What You Should Know About Product Liability Laws in Arizona
Posted on behalf of Phillips Law Group on Oct 01, 2018 in Defective Products
Manufacturers and other parties that bring goods into the market have the legal responsibility to exercise due care to ensure the product is not defective and is safe to use. However, every year defective products make their way into consumers’ homes and businesses, causing them harm.
If you or a loved one was injured by a defective product, a Phoenix product liability lawyer can help. The skilled attorneys at Phillips Law Group can discuss the nature of your injury and the possible avenues for recovery. Contact us today to schedule a free case evaluation.
Understanding Product Liability Laws
Product liability laws deal with problems involving harmful products in the marketplace. These laws seek to hold manufacturers, producers, distributors, retailers and other parties in the chain of distribution accountable for causing injury or death.
Types of Product Defects
There are three broad groups of product defects that may be involved in a product liability case:
- Design defects – A design defect is present when there is a problem in the initial design of a product that made it inherently dangerous as designed.
- Manufacturing defects – A manufacturing defect may happen when there is a problem with a group of products that were otherwise designed in a safe way.
- Marketing defects – A marketing defect can occur under several different situations, including improperly labeling a product, inadequate instructions or insufficient safety warnings on the product.
Time Limit for Filing a Product Liability Claim
In Arizona, there is a two-year statute of limitations for personal injury claims, including those arising from defective products. This means that you have two years from the date of injury to bring forth a claim. If the claim is not filed within this timeline, it can be barred.
The sooner you file, the better chance you may have to obtain compensation for your injury. An attorney can help guide you through the entire claims process.
In product liability cases, the other party may claim that you were also negligent. If you intentionally harmed yourself with the product or were grossly negligent, you may not be able recover compensation for the injuries you sustained, based on Arizona’s comparative negligence rule.
However, if you are partially at fault, you can still recover for the damages you sustained, but your damages will be reduced by the degree of your own negligence. For example, if you sustained $50,000 worth of damages and you are found to be 20 percent at fault, your maximum recovery would be $40,000.
Contact Phillips Law Group Today
Product liability cases are often very complex. They often require the assistance of a lawyer who has experience in pursuing claims involving defective products. The Phoenix personal injury attorneys at Phillips Law Group can discuss the evidence that you may need to substantiate your claim.
We can discuss whether you may need to use an expert witness to further strengthen your claim. We can discuss the specific circumstances surrounding your injury, including how your injury occurred and its severity to determine the possible extent of your damages to obtain maximum compensation.
If you were injured by a defective product, contact our firm to schedule a free, no-obligation consultation to discuss your legal options.