PRODUCT LIABILITY (DEFECTIVE PRODUCTS)
In Arizona, product liability actions are defined by statute. The meaning of a product liability action is any action brought against a manufacturer or seller of a product for damages for bodily injury, death or property damage caused by or resulting from the manufacture, construction, design, formula, installation, preparation, assembly, testing, packaging, labeling, sale, use or consumption of any product, the failure to warn or protect against a danger or hazard in the use or misuse of the product or the failure to provide proper instructions for the use or consumption of any product. Generally, if a person has a viable product liability claim, they may recover a monetary award for “damages” sustained because of the defective product.
Here are some general types of damages, which may be recovered by an injured person, depending on the facts and circumstances of the case:
- Pain and Suffering
- Reasonable Expenses of Necessary Medical Care
- Lost Earnings
- Loss of Earning Capacity
- Property Damage
- Punitive Damages
In order to legally recover damages, however, there are two general requirements that must be met: (1) The damages must relate to the defective product; and (2) the person must be entitled to recover the damages. In other words, the injured person must show that the “at-fault” party designed or manufactured a dangerous product and the dangerous product was the cause of the injured person’s injuries and damages. Product liability actions are complex and involve several elements of law and fact, which must exist before an injured person can maintain a viable claim. These issues are normally too complicated for a laymen or inexperienced attorney to handle without assistance. An experienced attorney in this area of law should always be consulted to investigate and assist an injured person to help prosecute their claim.
As a general rule, if a person is injured by a defective product in Arizona, a lawsuit must be filed within two years from the date of the accident to preserve the claim. However, there are exceptions to this general rule. For instance, if the injury was caused by an employee of a public/governmental entity (such as a federal, state, county or city employee), other time limitations and statutory provisions come to play. In these cases, the time limitations and statutory provisions must be strictly adhered to, or the case could be forever barred and the injured person would not be able to seek relief in the courts. Another exception is when minors or incompetent people are injured; or when the injured person was injured while on the job and there is a Workers Compensation claim pending. An experienced attorney should always be consulted about all aspects of the case, including the time limitations imposed by law, call us now! 928-718-8888