Phoenix product liability lawyer.
Arizona claims against manufacturers, distributors, and retailers of defective products. Two Arizona-specific rules change how cases get tried: pure comparative fault applies to product cases, and a 12-year statute of repose affects some long-tail claims.
The products that walk
in this door.
Phoenix product cases fall in categories shaped by the metro's industries: construction equipment, automotive components, home and pool products, and consumer electronics.
Heat & Pool Equipment
The climate puts heavy demands on pool equipment, HVAC, and outdoor products. Heater failures, pool drain entrapment, and outdoor equipment failures cluster more heavily here than elsewhere.
Construction & Industrial
Scaffolding, lift equipment, power tools, and protective equipment. These overlap with workers' comp but can be pursued separately against the equipment manufacturer.
Automotive Components
Tire blowouts, airbag failures, and seatbelt cases on I-10 and the loop system. Some intersect with active recalls or pending multi-district litigation.
Consumer Electronics
Battery and charger failures, appliance fires, and similar defects, where preserving the unit and serial numbers is the key early step.
How Arizona handles
product liability.
Arizona adopted strict products liability following Restatement principles, with the comparative fault statute applying to apportion damages.
Strict liability under Restatement principles
Three defect theories apply: design defect, manufacturing defect, and failure to warn. A seller can be liable even without negligence if the product was defective and caused injury.
Pure comparative applied to product cases
User fault (modification, misuse, ignoring instructions) reduces damages by the user's percentage but does not bar recovery. The same modification that would tank a Nevada case is only a damage-reducer in Arizona.
Two years from the date of injury
The standard Arizona personal injury deadline applies to product injury claims.
Twelve years from first sale
Section 12-551 cuts off most product claims 12 years after first sale to a user or consumer. Unlike the limitation, which runs from injury, the repose runs from sale, so long-tail injuries can be barred even when the limitation has not run.
How a product case
develops.
Product cases take longer than most personal injury matters, and the 12-year repose has to be screened at intake.
Preservation & repose screening
Preserve the product, identify the date of first sale, and screen against the 12-year repose period before going further.
Expert engagement
Engineering, medical causation, and warnings experts are engaged early. Their preliminary opinions guide the defect theory.
Pre-suit demand or filing
Most product cases require suit to develop manufacturer discovery. Pre-suit demand can work with smaller manufacturers or where the defect is well-documented.
Discovery & resolution
Maricopa County Superior Court applies Arizona Rules of Civil Procedure with front-loaded Rule 26.1 disclosures. Most cases resolve through summary judgment briefing or pretrial mediation.
“Arizona forgives the user's mistake but not the calendar. Twelve years from sale can close the door before the injury ever appears.”
Meesha Moulton · Founding Attorney
The questions
that come up first.
The questions that come up most often before the first call. If yours is not here, the call is what it is for.
I bought the product more than 10 years ago. Can I still sue?+
I modified the product. Can I still recover?+
The retailer says the manufacturer is responsible. Are they right?+
What if the product was recalled?+
How long do these cases take in Phoenix?+
Injured by a
defective product?
Call and tell us what happened, and keep the product if you still have it. Meesha personally reviews every case. No fee, until your case is won.