What is a product liability claim?

In simple words, when a defective product causes harm to a consumer, the injured party can claim liability. This is called a product liability claim. This covers medical expenses, lost wages, pain and suffering and other damages. The duty falls on the manufacturer, distributor and retailers to ensure that the products they are selling are completely safe for the end consumer. Failing to uphold this duty can make a product hazardous and victims can hold them accountable under defective product laws.  A product liability claim can arise from a wide range of products including vehicles, medical devices, medicines and other more. A defective product can pose serious risks and if the manufacturer fails to recall the the known hazardous product, they face increased legal liability. When talking about product liability claims, there are three most common types to consider.

• Design defects:  A flaw in the design of the product that makes it inherently dangerous. This means that even if the product is manufactured properly, the design still poses some degree of risk to consumers. A great example of this would be a car model that fails to deploy airbags on impact due to improper placement of crash sensors.
• Manufacturing defects: The product was built incorrectly, making it unsafe for use. The most common culprit for this is errors in the production process. Examples include batches of prescription drugs getting contaminated during manufacturing.
• Failure to warn: The product lacks sufficient warnings or instructions for safe use. If a company fails to provide adequate safety warnings, they can be held responsible for consumer injuries. A very common example of this are medications that come without proper dosage instructions or fails to warn users of dangerous drug interactions.

Seeking justice against product liability? Understanding how to prove a product liability claim is essential. Work with experienced legal professionals to make a significant difference in the outcome of your case.

Proving a product liability claim in Phoenix

Arizona has very strict liability product liability laws to protect your rights. This means plaintiffs do not need to prove negligence on the part of the manufacturer or seller. Instead, they must establish the following key elements.

• The product was defective and unreasonably dangerous.
• The defect existed when the product left the manufacturer’s control.
• The defect caused the plaintiff’s injury or damages.
• The plaintiff was using the product in the right way at the time of the injury.

Since strict liability does not need proof of negligence or intent, these claims often heavily rely on expert analysis, witness testimonies and documented evidence. This can include things like product recalls, safety reports and past incidents involving the same product. And to prove all these elements, you will need legal assistance from major Phoenix trial consulting firms that specialize in helping victims gather the necessary evidence to build a strong case.

Inadmissible evidence in product liability cases

It is very important to note that not all evidence is permissible in court. Some of the types of evidence that the plaintiffs cannot use to argue their claims include

• Changes to product design or warnings made from the product release.
• New scientific advancements that were not available at the time of manufacture.
• Speculative evidence that lacks factual support.

Looking at this list, it is quite clear that proving a case will need a careful legal strategy. This is what Phoenix product liability lawyers can provide. Legal teams will help identify admissible evidence and ensure that the claims are supported by facts and not conjecture.

Comparative negligence in product liability cases

The state of Arizona follows a comparative negligence rule. This means that if the injured party is partially responsible for their injury, their compensation can be reduced based on the level of fault. 

• If a plaintiff is found to be 20% responsible for misusing the product, the total compensation can be reduced proportionally.
• In case the consumer has ignored a product warning and used it in a dangerous way, the option to recover damages can be limited.
• In case multiple parties contributed to an injury, such as a manufacturer and negligent retailer, compensation may be distributed accordingly.

This principle is in place to ensure that the damages are awarded fairly, holding parties accountable while considering the consumer’s role in the injury.

Contributory negligence in product liability claims

In some cases, multiple parties may be liable for a defective product. Manufacturers who designed or produced the defective product, retailers who sold the faulty product without warning and distributors who failed to handle or store the product safely while led to the defect. Under product liability laws, all responsible parties may be required to share the cost of the compensation.

Statute of limitations for product liability claims

There is a very strict time limit on filing a product liability claim in the state of Arizona. Generally, it is set to two years from the date of injury to file a claim. However, there are a few factors that can extend or shorten this period.

• According to the discovery rule, if a defect is discovered long after the product has been sold, the statute of limitations begins from the date the defect was found.
• Claims must be filed within 12 years of the product’s initial sale unless negligence or breach of warranty is proven.
• In case a minor has been injured by a defective product, the statute of limitations can be extended until they reach legal adulthood.

Hire an experienced lawyer today

Defective product claims can look quite scary, especially when against large conglomerates with seemingly infinite resources. You need to work with skilled Phoenix product liability lawyers and other types of auto accident injury lawyers Phoenix to significantly boost your chances of success. Firms like Ilya Law specialize in product liability cases and help you get the compensation you deserve. From dram shop law cases to product liability claims, find all the experts under one roof.

Conclusion

A product liability claim can help victims recover damages for injuries caused by defective products. Understanding the nuances is crucial for a successful claim. If a you or a loved one of yours has suffered injury due to a defective product, leverage the power of the law and get justice.