Product liability and defective products

When a defective product causes injury, multiple parties may be liable. Big Dog Law represents Arizona consumers harmed by dangerous vehicles, devices, and equipment.

Product liability is one of the most powerful consumer-protection tools in American civil law. When a defective product causes injury, the responsible parties — manufacturers, component makers, retailers, distributors — can be held accountable, often without proof of negligence in the traditional sense. The cases are evidence-intensive, expert-driven, and require preserving the product itself.

Three types of product defects

Design defect — the product's design is unreasonably dangerous as conceived.
Manufacturing defect — the product departed from its intended design in a dangerous way.
Failure to warn — the product lacked adequate warnings or instructions for safe use.
Strict liability often applies — meaning the focus is on the product, not the manufacturer's conduct.

Common product liability cases

Defective vehicles

Airbag failures, seatbelt failures, roof crush, fuel-system fires, tire-tread separation, defective restraints.
Auto component failures

Tires, brakes, steering, electronics, child restraints, ignition switches.
Medical devices and implants

Hip and knee implants, mesh, defibrillators, pacemakers, surgical staplers.
Pharmaceuticals

Inadequate warnings, contamination, manufacturing defects.
Consumer electronics and batteries

Lithium-ion fires, overheating, electrical hazards.
Industrial and construction equipment

Inadequate guards, defective controls, missing safety devices.
Tools and power equipment

Saw guards, kickback failures, defective electrical isolation.
Recreational equipment

ATVs, e-bikes, e-scooters, exercise equipment.
Children's products

Cribs, car seats, strollers, choking hazards.

Who can be responsible

Manufacturer of the finished product

Most common defendant.
Component manufacturers

Tire makers, airbag suppliers, battery manufacturers, etc.
Distributors and retailers

Often jointly liable in Arizona for defective products they put into the stream of commerce.
Installers and assemblers

When defective installation contributes to the failure.
Designers and engineers

In appropriate cases.

Damages available

Product cases often involve catastrophic injuries — burns, amputations, brain injury, paralysis, death — and damages frequently include:

Past and future medical care

Including lifetime care plans for severe injuries.
Past and future lost income

Including loss of earning capacity.
Pain, suffering, loss of enjoyment of life

Often substantial in serious product cases.
Disfigurement and disability

Where applicable.
Punitive damages

When a defendant knew of a defect and chose not to fix it.

Frequently asked

Injured by a defective product?

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