Product Liability Lawyer
Product liability laws serve a crucial role in consumer protection by holding manufacturers, distributors, and sellers legally responsible for the safety of their products. These laws are designed to create a system of accountability that ensures businesses prioritize product safety and provides consumers with a path to compensation if they suffer harm due to defective or dangerous products. Below is an in-depth exploration of how product liability laws achieve these goals.
If a consumer is injured due to a defective product, they may have several legal options to seek compensation. These options typically fall under product liability laws, which hold manufacturers, distributors, and retailers accountable for unsafe products. The primary legal options include:
- Filing a Product Liability Lawsuit
Consumers can file a lawsuit under one or more of the following legal theories:- Strict Liability: The injured person generally does not need to prove negligence, but must show that the product was defective, that the defect made it unreasonably dangerous, and that the defect caused the harm.
- Negligence: The consumer must prove that the manufacturer or seller failed to
exercise reasonable care in the design, manufacturing, or marketing of the product. - Breach of Warranty: If the product fails to meet express or implied warranties
(e.g., fit for intended use), the consumer may sue for breach of contract.
- Seeking Compensation for Damages
Injured consumers may seek compensation for:- Medical expenses (current and future)
- Lost wages or loss of earning capacity
- Pain and suffering
- Property damage
- Punitive damages (only in limited cases, generally where the defendant consciously disregarded a substantial risk of significant harm, shown by clear and convincing evidence)
- Filing a Complaint with Consumer Protection Agencies
Consumers can report defective products to agencies such as:- The U.S. Consumer Product Safety Commission (CPSC) for general consumer products.
- The Food and Drug Administration (FDA) for defective drugs or medical devices.
- The National Highway Traffic Safety Administration (NHTSA) for vehicle-related defects.
- Joining a Class-Action Lawsuit
If multiple people have been harmed by the same defective product, the consumer may join a class-action lawsuit, which allows multiple plaintiffs to sue collectively. - Negotiating a Settlement
In some cases, the manufacturer or seller may offer an out-of-court settlement to avoid litigation. It’s advisable to consult an attorney before accepting any settlement offers. - Product Recalls
If the defective product has been recalled, the consumer may be eligible for repairs, replacements, or refunds directly from the manufacturer. If the product caused an injury, it can help to photograph it and get legal advice before following instructions to return or destroy it.
Steps to Take After Suffering an Injury Due to a Defective Product or Malfunction.
If you have been injured by a defective product, taking the right steps promptly can help protect your health and strengthen your potential legal claim. Below is a more detailed explanation of each step:
1. Seek Medical Attention Immediately.
Your health and safety should be the top priority. Prompt medical treatment can prevent further complications and provide official documentation of your injuries.
- Visit a doctor or emergency room for a full evaluation. When injured by a defective product, seeking immediate medical attention is critical. A full medical evaluation serves multiple purposes, both for your health and for potential legal action.
- Inform the healthcare provider that your injury was caused by a defective product, so it is properly documented in medical records. Properly communicating the cause of your injury is essential in ensuring it is well-documented in your medical records.
- Provide as many details as possible about the defective product, including make, model, brand and when and how it was acquired. If possible, bring product for visual reference.
- Explain exactly how the injury occurred.
- Ask the healthcare professional to make a note in your medical records that the injury was caused by the product. You may also ask for a detailed
report that links your injury to the product defect.
- Follow all medical recommendations and treatment plans to ensure proper recovery. Proper treatment is important to ensure full recovery and not experience complications or long-term issues. Following medical advice also creates a clear record of your treatment.
2. Stop Using the Product Immediately and Preserve the Defective Product and Any Packaging and/or Receipts.
Proper preservation can provide key evidence of the defect and help establish liability, which could be critical to your case if you pursue compensation. Here’s a detailed breakdown of why and how you should preserve these items:
- Cease Usage of Defective Product Immediately.
- Discontinue all use of the product as soon as a defect or malfunction is identified. Continuing to use a faulty product can result in potential injuries, further damage, or voiding of any warranty or return policies.
- Stopping use ensures the product remains in the condition it was at the time of injury, which is crucial for expert evaluations and forensic analysis. Any additional use or attempted repair may lead the opposing party (e.g., manufacturer, retailer, or insurer) to argue that the product was altered post-incident, weakening your case.
- Ceasing use immediately allows for timely documentation of the issue through photos, videos, and expert inspection, providing solid evidence for your claim.
- Evidence of Defect.
- Demonstrating the Cause of Injury. Preserving the defective product itself allows you, your attorney, and qualified examiners to inspect it for defects that caused your injury. Whether it’s a faulty part, poor design, or an inherent flaw, the product itself is the most direct evidence of what caused the harm. Without the product, proving that a defect caused your injury would be much more difficult.
- Detailed Examination. By keeping the product, it can be examined by experts (such as engineers or product safety professionals) to determine whether it is indeed defective, how it failed, and if the defect was a direct cause of the injury. For example, if you were injured by a power tool that malfunctioned, experts can examine whether a manufacturing defect or design flaw contributed to the malfunction.
- Protecting Your Legal Rights.
- A defective product can be the key to a product liability claim. In Arizona, you generally must show that the product was defective (for example in its design, manufacturing, or warnings), that the defect made it unreasonably dangerous, and that the defect caused the harm. Without the product and the supporting evidence of its defect, your ability to prove liability would be greatly diminished.
- Preventing the manufacturer from altering or discarding the product. In some cases, manufacturers may modify or recall the defective product after an incident, which may affect your ability to prove its defectiveness. By preserving the product in its current state, you ensure that it is available for inspection and that its condition remains as it was at the time of injury.
- Establishing the Product’s Authenticity and Chain of Custody
- Packaging, receipts, or any proof of purchase help establish the product’s authenticity and show that you are the rightful owner. This is especially important if the product is returned, exchanged, or subject to a warranty claim. It also helps link the injury to a specific product model, which can be important if the product was part of a larger batch or a specific run with known defects.
- Having the product’s packaging, serial numbers, and model information allows your legal team to verify exactly which product you were using and when it was purchased. This can be vital in class-action lawsuits or cases where similar products from the same manufacturer are involved in multiple claims.
- Supporting Warranty Claims or Insurance Coverage.
- Warranty Claims: If the product has a warranty or recall notice, preserving the packaging and receipts may allow you to return or exchange the product for a refund or replacement. Documentation can prove that the product was still under warranty at the time of the injury.
- Insurance Coverage: If an insurance claim is involved, such as a homeowner’s or renter’s claim for property damage the product caused, receipts and packaging can help show what the item was and when it was bought. Coverage depends on the policy.
3. Document Injuries and Damages (Photos, Medical Records, etc.).
Accurate and thorough documentation of your injuries and damages is a critical part of any personal injury claim, especially in product liability cases. It helps provide tangible evidence of the extent of harm caused by the defective product, supports your case for compensation, and can serve as proof in court.
- Establishing the Extent of the Injury
- Critical Evidence: Photographs and medical records are powerful pieces of evidence that visually demonstrate the injury, its severity, and any long-term effects. In the absence of proper documentation, it can be difficult to convince a judge, jury, or insurance company of the true extent of the damages.
- Documenting the injury over time (through photos and journal entries) shows how it progresses or heals. If the injury worsens, additional medical interventions are required, or long-term damage occurs, ongoing documentation will make it easier to demonstrate that the injury was directly caused by the defective product.
- Strengthening Your Legal Claim for Compensation.
- Documenting your injuries helps prove that you suffered real harm due to the defective product. In many legal systems, compensation is based on the severity of the injury, the extent of recovery, and any financial losses (e.g., medical bills, lost wages). Detailed documentation can help you justify the amount of compensation you’re requesting.
- Strong evidence can also support settlement negotiations. If you have clear documentation of your injury and its impact, the liable party (or their insurance) may be more inclined to settle out of court to avoid lengthy litigation. Thorough documentation can help show the extent of your injuries and losses.
- Supporting Your Medical Treatment and Recovery Process.
- Documenting your recovery (e.g., through medical records and personal journals) allows you to track the effectiveness of treatments and interventions. If the injury leads to long-term issues, such as chronic pain or permanent scarring, this documentation can help establish that your recovery was affected by the defect and guide your medical team’s decisions.
- Providing Evidence of Compliance. Proper documentation can also show that you have complied with medical advice. This is important if the defense argues that your failure to follow treatment plans exacerbated the injury or prolonged your recovery.
4. Consult a Product Liability Attorney to Evaluate Legal Options.
After being injured by a defective product, one of the most crucial steps is to consult a product liability attorney. These attorneys handle claims that hold manufacturers, distributors, and sellers accountable for injuries caused by dangerous or faulty products. They can evaluate your situation, explain your legal rights, and help you understand your options moving forward. Below are the reasons why one should consult a Product Liability Attorney:
- Knowledge of Product Liability Law
- Product liability law covers various aspects of how a defective product can cause harm. It’s complex and varies by jurisdiction, involving different types of claims such as strict liability, negligence, or breach of warranty. A product liability attorney can explain these laws and how they may apply to your case.
- A product liability attorney can help evaluate whether the product was defectively designed, manufactured, or marketed, and whether the product caused harm due to a flaw in its design, a manufacturing defect, or inadequate warnings.
- Different types of claims have varying statutes of limitations (the time frame within which a lawsuit can be filed). A product liability lawyer will help ensure that your claim is filed within the appropriate time limit, so you don’t lose your right to seek compensation.
- Free Consultation to Evaluate Your Case
- Many product liability attorneys offer free consultations to assess the viability of your case. During this initial meeting, the attorney will ask you about the product, the injury, and any medical treatment you’ve received. Based on this information, they can provide an initial opinion on the strength of your case and your potential for recovering damages.
- No Obligation. The consultation is typically without obligation, meaning you don’t have to hire the attorney right away. This allows you to speak with multiple lawyers and choose the one who you feel is best suited to handle your case. It also gives you a better understanding of the legal process without any financial commitment.
Consulting a product liability attorney can be a helpful step in evaluating your legal options after an injury caused by a defective product. An attorney can review your situation, explain your rights, help you understand the legal process, and represent you in filing a lawsuit or negotiating a settlement, while working toward fair compensation for your injuries, medical expenses, lost wages, and other damages. The questions below cover how these claims generally work in Arizona.
Product Liability FAQ
Here are plain answers to common questions about injuries from defective products in Arizona, from how strict liability works to recalls and deadlines. This is general information, not legal advice for your situation.
Arizona has followed strict product liability since the Arizona Supreme Court’s 1968 decision in O.S. Stapley Co. v. Miller. Generally, a business that sells a product in a defective condition can be responsible for the harm it causes, even if no one was careless. In July 2026, the court restated what an injured person generally must show in Maywald v. Toyota: the product was defective, the defect made it unreasonably dangerous, and the defect caused the injury. Arizona’s product liability statutes (A.R.S. 12-681 to 12-689) add defenses and other rules. Negligence and warranty claims may also be available, depending on the facts.
Arizona courts generally recognize three kinds of product defects. A manufacturing defect means a particular item came out different from its intended design, such as a cracked part. A design defect means the design itself creates the danger, so every unit shares it. A warning defect means the product lacked adequate warnings or instructions about dangers that were not obvious, and Arizona’s statute includes failure to warn and failure to instruct (A.R.S. 12-681). Whether a defect made a product unreasonably dangerous is generally judged by what an ordinary consumer would expect or, when that test does not fit, by weighing the product’s risks against its benefits.
Often more than one business. Arizona’s statutes define a manufacturer to include whoever designs, assembles, fabricates, or produces a product or a component part, and a seller to include wholesalers, distributors, retailers, and lessors (A.R.S. 12-681). Strict liability can generally reach businesses in the chain of distribution, not only the maker. Under A.R.S. 12-684, a manufacturer that refuses a seller’s request to defend it generally must indemnify the seller, unless the seller knew of the defect or made an unauthorized change or installation that was a substantial cause. If a seller is indemnified, the injured person generally must try to collect from the manufacturer first.
A.R.S. 12-683 lists defenses that generally defeat a product liability claim if the defendant proves them. One is the state of the art: for a design or fabrication claim, the product’s design and how it was made, tested, and labeled met the state of the art when the defendant first sold it. Another is an alteration or modification that was not reasonably foreseeable, made by someone else after that sale, that was the proximate cause of the injury. A third is a use that was not reasonably foreseeable, or that went against adequate warnings the user knew or should have known about, when that use was the proximate cause.
It depends on what happened. Ordinary carelessness by the injured person, such as not noticing a defect, is generally not a defense to a strict product liability claim (A.R.S. 12-2509). Misuse is treated differently. In Jimenez v. Sears, Roebuck & Co. (1995), the Arizona Supreme Court held that misuse is compared under A.R.S. 12-2505. If misuse was one of several causes, damages are generally reduced by the injured person’s share of fault. If misuse was the only proximate cause of the injury, it can bar the claim. Arizona’s fault statute also lists modification and abuse of a product as fault that can be compared (A.R.S. 12-2506).
A recall can be useful information but generally does not decide a claim by itself. You can search consumer product recalls with the U.S. Consumer Product Safety Commission at cpsc.gov/Recalls and report an unsafe product at SaferProducts.gov. Vehicle, tire, car seat, and equipment recalls can be checked by VIN with the National Highway Traffic Safety Administration at nhtsa.gov/recalls. Under Arizona law, a recall made after a company’s safety review generally cannot be used to prove the product was defective, though other evidence can (A.R.S. 12-687). Some recall remedies ask you to destroy or return the product, so it can help to document it and get legal advice first.
The product itself is often the most important evidence of what went wrong. Stop using it and, if it is safe to do so, generally keep it as it was after the injury. Try not to repair, alter, discard, or return it before it has been documented. Also save the packaging, instructions, labels, receipts or order confirmations, and serial or model numbers, and take photos of the product and the scene. Keep medical records and notes about how the injury happened. If someone else has the product, such as a repair shop, it can help to ask in writing that it be kept as is.
Arizona generally allows two years to file a product liability lawsuit for an injury (A.R.S. 12-551 and 12-542). If a defective product causes a death, the two years for a wrongful death claim generally runs from the date of death (A.R.S. 12-542). For a child, the time generally does not start to run until age 18 (A.R.S. 12-502). When the period begins can depend on when the injury and its cause were known or reasonably should have been known, and warranty or contract claims can follow different rules. It can help to have the dates reviewed early. When you are ready, call Accident Law Group at (602) 333-3333.
Related practice areas & guides
An injury from a defective product can raise related questions. These pages may help you find related information.
- Car accident attorney — when a vehicle, tire, or part may have failed in a crash
- Motorcycle accident lawyers — riders hurt in crashes, including equipment problems
- Bicycle accident lawyer — when a bicycle, e-bike, or part may be involved
- Medical malpractice lawyer — injuries from medical care, which can overlap with device or drug questions
- Traumatic brain injury lawyer — head and brain injuries
- Scar and disfigurement injuries — burns, cuts, and scarring
- Wrongful death attorneys — when an injury takes a loved one’s life
- Frequently asked questions — general questions about injury claims
- Meet our attorneys — the Accident Law Group team
- Visit or contact us — offices in Arizona and New Mexico
When you are ready to talk, call (602) 333-3333 in Arizona or (575) 333-3333 in New Mexico.
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