Product Liability Claims in Arizona (Defective Products & Drugs)
We streamline the early steps: intake, records gathering, insurance communications, and — when legal representation is necessary — introductions to independent, Arizona-licensed attorneys who handle product liability cases.
Victory Legal Solutions is your ally in getting the justice and money you deserve for your suffering.
What qualifies as a product liability case in Arizona?
Common examples we organize:
- Auto parts (airbags, tires, fuel systems), tools, household appliances
- Medical products and devices (implants, pumps, hernia mesh)
- Consumer goods (lithium batteries, e-bikes/scooters, children’s products)
- Prescription/OTC drugs and supplements (see the drug/device section below)
Who can be responsible for a defective product?
Under Arizona law, both manufacturers and sellers can be named. Arizona also has a statutory indemnity framework: if a seller tenders the defense and the manufacturer refuses, the manufacturer will generally have to indemnify the seller for judgments and defense costs (with narrow exceptions). This influences who gets involved and how quickly evidence is preserved.
Key defenses you should know
(and how we prepare)
- State-of-the-art: Manufacturer argues the product met the scientific/technical state-of-the-art when first sold.
- Unforeseeable alteration: A later modification by someone else caused the incident.
- Misuse/contrary to warnings: Use outside reasonably foreseeable purposes or against adequate warnings/instructions.
Arizona is also a several-only jurisdiction in most injury cases, meaning each defendant is responsible only for their percentage of fault. Allocation matters — especially when multiple companies are involved.
Deadlines for Arizona Product Liability Claims
- General statute of limitations: Most product-injury claims must be filed within two years of accrual (often when the injury is discovered or reasonably should be). Arizona State Legislature
- 12-year statute of repose? Arizona has a statute, A.R.S. § 12-551, that appears to bar claims accruing more than 12 years after first sale — but the Arizona Supreme Court held that statute unconstitutional under the state’s anti-abrogation clause, so it has not been enforced as a bar to strict product liability claims. We still track purchase dates, serials, and model years because defendants sometimes raise the issue.
Special focus: defective drugs and medical devices
- Learned intermediary doctrine (LID): Arizona’s high court has said a prescription-drug manufacturer generally satisfies its duty to warn by giving adequate warnings to the prescribing clinician. If those warnings are inadequate, liability questions remain. We therefore gather prescribing records, pharmacy inserts, and label versions to evaluate the warnings in effect at the time.
- Recalls & safety alerts: We check the FDA recall database and safety alerts for affected lots/devices, and preserve lot numbers, NDC/UDI, and boxes or blister packs when available.
- What we collect for drug/device matters: medication history and chronology, prescriber notes, informed-consent forms, lab/imaging, adverse event dates, treating-provider correspondence, and any post-marketing safety communications.
What to do now (checklist)
- Secure the product and packaging (don’t discard it). Keep boxes, instructions, receipts, and anything showing a lot/NDC/UDI.
- Photograph everything: the product, damage, labels, warnings, and the scene.
- Get medical care and follow treatment — gaps are scrutinized.
- Write a timeline: first use, purchase date, incident date, symptoms, and every provider visit.
- Save digital data: app logs, fitness/ECG data, device firmware notes, dash-cam clips.
- Call Victory Legal Solutions for intake and records organization; we’ll also check FDA recall listings for your product/drug.
FAQs on Product Liability Claims in Arizona
Do I sue the store or the manufacturer?
Potentially both. Arizona defines “product liability action” broadly and has an indemnity pathway that often pushes defense responsibility toward the manufacturer—facts determine strategy.
What if I didn’t read the manual?
Failure-to-warn and misuse defenses hinge on whether warnings were adequate and whether your use was reasonably foreseeable. We gather manuals and label versions so an attorney can evaluate.
How long do I have to file a claim for a defective item or drug?
Most cases have a two-year window from accrual; we document dates immediately. The text of A.R.S. § 12-551 mentions 12 years, but that statute’s repose bar was struck down by the Arizona Supreme Court in Hazine. An attorney will advise on the precise timing for your facts.
Are defective drug cases different?
Yes. Arizona applies the learned intermediary doctrine to prescription drugs, which focuses warning duties on the prescriber. Label adequacy and medical causation are legal/medical questions for the attorney we introduce.
Start with a no-cost intake
Call our team at Victory Legal Solutions.We’ll centralize your records, preserve evidence, coordinate claims, and make sure you get the money you deserve.All straight answers from a compassionate team who understands.
You’re Not Alone, And You Don’t Have to Stay Silent
If your baby suffered a birth injury, you may be experiencing grief, anger, confusion, or guilt. You may feel helpless — but you are not. You have the right to ask questions.
You have the right to understand what went wrong. And you have the right to take legal action if a doctor or hospital was responsible.
Victory Legal Solutions has helped many families who thought they had no options. We’re here to listen without judgment and help you move forward with strength.
Call us for free, confidential consultation.