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Product Liability Defense

Product Liability Defense Lawyers

Defective Product Litigation in Arizona, New Mexico, Utah & Hawaii

Product Liability litigation is a challenging area of law that requires an attorney with specific legal skills and a significant level of competence and resourcefulness. The product liability defense attorneys of Righi Fitch Law Group have what it takes to handle these complex cases. We have extensive, proven legal experience and a network of experts and investigators to create powerful defense strategies in the face of allegations that a product has caused harm.

man showing medical equipment to a man and a woman

We have successfully defended clients in a wide range of product liability claims. We can offer experienced, cost-effective counsel related to any allegedly defective product:

  • Vehicles, including cars, trucks, SUVs, and construction vehicles
  • Vehicle components, including seat belts, airbags, windows, tires, and fuel tanks
  • Power tools, including nail guns, saws, and drills
  • Commercial products and equipment including component assemblies
  • Recreational and sports equipment
  • Household appliances of all kinds
  • Medical equipment and devices
  • Products for children, including toys, furniture, and car seats
  • Industrial tools and equipment
  • Construction equipment, including ladders, scaffolding, and heavy machinery

Types of Alleged Product Defects

In Arizona, product liability matters are defined, and defenses and penalties outlined, in Arizona Revised Statutes §12-681 through §12-689. A product liability action may be brought against a manufacturer or seller of a product for a defect affecting the “manufacture, construction, design, formula, installation, preparation, assembly, testing, packaging, labeling, sale, use or consumption of any product…” as well as any “failure to warn or protect against a danger or hazard” or “failure to provide proper instructions for the use or consumption” of a product.

Generally, product liability claimants allege one of the following three types of defects:

  • A manufacturing defect, which may include an unintended defect in a product. A claimant may allege this type of defect if a product departs from its intended design.
  • A design defect, which affects the design of the product itself. Although the product may be properly manufactured, a design defect would affect its overall safety or workability.
  • A failure to properly warn, which involves the responsibility of a manufacturer or seller to warn of potential hazards from using or misusing the product, and including proper instructions for use.

Comprehensive Defense Representation in Product Liability Claims

Righi Fitch Law Group has substantial experience defending cases involving sophisticated and highly technical products. Our attorneys often call upon respected experts who have the knowledge required to provide effective testimony and who have the communication skills needed to make a compelling presentation to a judge or jury.

The attorneys at Righi Fitch understand how to apply affirmative defenses to product liability actions. These defenses include the misuse of a product by a claimant; the use of a product in violation of warnings or instructions for use; or the alteration or modification of a product.

Our attorneys have many years of experience pursuing viable strategies in the defense of clients facing product liability actions.

Indemnification for Manufacturers & Retailers

Indemnification is a risk-shifting strategy critical to the effective management of product liability claims. Typically, multiple parties are involved in the manufacture and distribution of products alleged to have caused the injury. The extent to which liability can be passed up or down the supply chain is a primary consideration in the defense of a typical product liability claim. One of the firm’s primary practice areas involves shifting risk from our clients to those who should bear the loss. From the outset of the case, we evaluate every potential avenue to allocate risk – we believe this strategy is just as essential as evaluating damages.

Trial Experience Matters

We don’t just litigate product liability cases – we try them. Having seen these cases play out at trial, we have the expertise to know what factors are essential to an effective defense. From the outset, we evaluate facts and witnesses critical to the presentation of the case to a jury – and we develop a discovery plan from there. This practice enables us to leverage cost-effective settlements, and when a case cannot be resolved, we prepare the case to maximize our client’s chances of success at trial. In over 90% of the cases we have tried, we have achieved prevailing party status for our clients, and in many cases, we have secured cost and fee judgments against the opposing party.

To learn more about how we can be of service to you, please contact us online or at (602) 483-6352.

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