Phoenix Product Liability Lawyer

When a product you trust brings harm to you or your family, the sense of betrayal is matched only by the physical and financial fallout. Corporations are legally required to make sure their products are safe. When they fail, Arizona law gives you the right to hold them accountable.

A product liability claim is different from a standard personal injury case. These cases require a deep dive into product design, manufacturing processes, and corporate marketing. The first step is determining the core of the problem—was it a flawed design, a mistake on the assembly line, or a failure to warn you about hidden dangers?

If a faulty product has affected your life, we are here to provide clear, straightforward answers. Call us for a no-cost, confidential consultation at (623) 303-5754.

Why Choose Kurtz Riley Law Group for Your Product Liability Claim?

When you’re facing a large corporation, you need a law firm that understands the law and sees the person behind the case file. We built our firm on a simple idea: every client deserves direct, personal attention from their attorney.

Our Approach is Client-Focused

• Direct and Personalized Attention: We believe in clear, consistent communication. You will work directly with our team, and we make sure your questions are answered promptly. You will never be left wondering about the status of your case.
• No Win, No Fee: Our firm operates on a contingency fee basis. Simply put, you pay us nothing unless we successfully recover compensation for you. There are no upfront costs to get your case started.
• Free Case Review: We offer a no-obligation, free consultation to discuss your situation. We will evaluate the details of your claim and explain your legal options in plain English.

Recognized for Our Commitment to Justice in Phoenix

Kurtz Riley Law Group was named Best Personal Injury Law Firm by Phoenix Magazine in its "Best of the Valley" awards.

Our office is conveniently located for those in the Phoenix area at 10609 N Hayden Rd., Suite 106, Scottsdale, AZ 85260, just a short drive from downtown and easily accessible from Highway 101.

What Does a Product Liability Claim Involve in Arizona?

There are three main types of product defects recognized under the law.

• Design Defects: The product is inherently unsafe because its design is flawed. Even if it was built perfectly to specification, the design itself creates an unreasonable risk of harm. An example might be a top-heavy SUV prone to rolling over in a routine turn or a child's toy designed with small, detachable parts that are an obvious choking hazard.
• Manufacturing Defects: The product’s design was safe, but a mistake happened during the manufacturing or assembly process that made your specific item dangerous. This defect might only affect a single unit or an entire production run. Think of a batch of medicine contaminated at the factory, a bicycle sold with a cracked frame, or an airbag that was installed incorrectly.
• Marketing Defects (Failure to Warn): The product was designed and built correctly, but the company failed to provide adequate warnings about its non-obvious dangers or clear instructions for its safe use. An example is a powerful cleaning chemical sold without a clear warning label about the need for ventilation, or a prescription drug that fails to list dangerous side effects when taken with other common medications.

Who Can Be Held Responsible?

One of the unique aspects of these cases is that responsibility could extend to multiple parties in the "chain of distribution." This legal concept means anyone who was part of getting the product from the factory to your home could be held liable. This may include:

• The product manufacturer.
• The manufacturer of a component part.
• The wholesaler or distributor.
• The retail store that sold you the product.

Understanding Strict Liability in Arizona

Arizona law includes a powerful principle for consumers called "strict liability." In many personal injury cases, you have to prove the other party was negligent, or careless. In a strict product liability case, that is not always necessary.

You typically only need to show that:

1. The product had an "unreasonably dangerous" defect.
2. The defect existed when the product left the defendant's control.
3. The defect was a direct cause of your injury.

Under this theory, a manufacturer can be held responsible for injuries caused by a defective product even if they exercised all possible care in making it. The focus is on the condition of the product itself, not the behavior of the company.

How Do You Prove a Product Was Defective?

Here’s a look at how we establish that a product was defective:

• Preserving the Evidence: The single most important piece of evidence is the product itself. We work to ensure the product is preserved in its post-accident condition so it can be examined by experts without being altered.
• Expert Analysis and Testimony: Product liability cases almost always hinge on the testimony of experts. We retain highly qualified engineers, manufacturing specialists, and other technical experts to inspect the product. They identify design flaws, manufacturing errors, or failures in materials that an untrained eye would miss. Their analysis forms the backbone of the claim, explaining in clear terms how the defect led to the failure.
• Investigating the Manufacturer: We dig into the company’s history. Have there been other similar incidents or complaints involving this product? Were internal safety concerns ignored? We look for company documents, whistleblower accounts, and recall information that can reveal a pattern of behavior or knowledge of a defect.
• Demonstrating Proper Use: The defense may argue that you misused the product. A key part of our work is to show that you were using the product as it was intended to be used, or at least in a way that was reasonably foreseeable to the manufacturer.

What Compensation Can Be Pursued in a Phoenix Product Liability Case?

Economic Damages: The Measurable Costs

These are the verifiable financial losses you have incurred. We work to document every single expense tied to your injury.

• Medical Bills: This covers everything from the initial emergency room visit and hospital stay to ongoing physical therapy, future surgeries, and the cost of prescription medications.
• Lost Income: You can be compensated for the wages you lost while unable to work. If the injury results in a long-term or permanent disability, we can also pursue compensation for your loss of future earning capacity.
• Property Damage: If the defective product also damaged your personal property—for instance, a faulty appliance that starts a fire—the cost of repairs or replacement can be included in your claim.

Non-Economic Damages: The Human Cost

These damages are meant to compensate you for the ways the injury has rewritten your quality of life.

• Pain and Suffering: For the physical pain and emotional distress caused by the injury and the grueling recovery process.
• Loss of Enjoyment of Life: If the injury stops you from participating in hobbies, activities, or daily routines you once took for granted.

Punitive Damages: Punishing Gross Negligence

In some rare cases, a manufacturer's conduct is so reckless or shows such a conscious disregard for public safety that Arizona courts may award punitive damages. These are not intended to compensate you for a loss but to punish the defendant and send a clear message to deter similar behavior from other companies in the future.

How Arizona's Comparative Fault Rule Affects Your Claim

Arizona follows a "pure comparative fault" rule. This means that if you are found to be partially at fault for your own injury, your total compensation award will be reduced by your percentage of fault. It is a standard defense strategy for a company’s legal team to try to shift as much blame as possible onto you. Our job is to build a strong case to ensure no amount of blame is unjustly assigned to you.

Common Defective Products We See in the Phoenix Area

Here in Arizona, we see injuries caused by a wide range of consumer and industrial goods.

• Automotive Parts: Faulty tires that shred on hot asphalt, defective airbags that fail to deploy or explode, flawed braking systems, and dangerously designed vehicles prone to rollovers are common sources of serious injury claims.
• Household Appliances and Electronics: Products like space heaters, kitchen gadgets, or power tools can cause fires, electrocutions, or other injuries if they have design flaws or manufacturing errors.
• Children's Products: Toys, cribs, car seats, and other items intended for our most vulnerable must meet the highest safety standards. 
• Medical Devices and Pharmaceuticals: Defective hip implants, pacemakers, and dangerous prescription drugs with undisclosed side effects.
• Food Products: Contamination during processing or packaging can lead to widespread illness. Recalls in Arizona have involved products contaminated with salmonella, E. coli, or foreign materials.
• Industrial and Construction Equipment: Phoenix workers are frequently exposed to heavy machinery and powerful tools.

How Companies and Their Insurers Respond to Injury Claims

When you file a claim against a manufacturer, you are dealing with more than just the company itself. You are facing its insurance carrier and its team of experienced lawyers. Their primary role is to protect the company's financial interests.

A Business Calculation

These companies and their insurers are businesses, which means they must balance paying legitimate claims with protecting their bottom line. This creates a natural tension. Their investigation will be thorough, and they will look for any reason to argue that the product was not defective or that your own actions contributed to the injury. 

What to Watch For

• A Quick, Low Offer: Sometimes, an insurer might make an early settlement offer before the full extent of your injuries and future medical needs are truly known. Accepting this offer permanently closes your case, even if your medical costs end up being far higher than anticipated.
• Requests for Recorded Statements: You will likely be asked to provide a recorded statement about what happened. It is advisable to consult with an attorney before doing so. Questions can be phrased in specific ways to elicit responses that might be used against you later to argue you were at fault.
• A Methodical, Lengthy Process: The claims process is filled with paperwork, procedural steps, and deadlines. It is designed to be methodical, but this can also become incredibly frustrating as medical bills continue to pile up. This long process pressures people into accepting a lower settlement just to get it over with.

Steps You Should Take From Home to Support Your Case

1. Preserve the Product and Packaging: Do not throw away the defective product, its packaging, or any instructions and receipts. These items are the most direct and powerful pieces of evidence in your case. Store them in a safe place where they will not be altered or damaged further.
2. Document Your Injuries: Keep a simple journal detailing your pain levels, medical appointments, and how the injuries are affecting your daily activities. 
3. Keep All Related Paperwork: Gather and organize all documents connected to the incident. This includes medical bills, receipts for prescriptions, and any letters or emails from the manufacturer or their insurance company.
4. Follow Your Doctor’s Treatment Plan: Attend all your medical appointments and follow the treatment plan prescribed by your doctors. This demonstrates that you are taking your recovery seriously and helps document the extent of your injuries.
5. Be Cautious on Social Media: Avoid posting details about your injury, your recovery, or your daily activities on social media. Insurance companies and defense lawyers regularly review these profiles, looking for any information they can use to challenge the severity of your injuries or your claim.

Frequently Asked Questions About Phoenix Product Liability Claims

Hold Manufacturers Accountable with Kurtz Riley Law Group

You placed your trust in a company to provide a safe product, and they failed. You should not have to bear the financial and personal cost of that failure alone. 

Let us handle the legal process and pursue the maximum compensation available under the law. This will allow you to focus on what is most important—your health, your recovery, and your family.

For a free, no-pressure evaluation of your case, call us today at (623) 303-5754.