23.9.1 Ultimate User, Consumer, or Bystander.

• Jurisdiction: Arizona

23.9.1 Ultimate User, Consumer, or Bystander. In Colvin v. Superior Equipment Co.,¹³² the Arizona Supreme Court adopted the Restatement (Second) of Torts (1965), which states, in relevant part:

(1) One who sells any product in a defective condition unreasonably dangerous to the user or consumer or to his property is subject to liability for physical harm thereby caused to the ultimate user or consumer, or to his property, if

(a) the seller is engaged in the business of selling such a product, and

(b) it is expected to and does reach the user or consumer without substantial change in the condition in which it is sold.

(2) The rule stated in Subsection (1) applies although

(a) the seller has exercised all possible care in the preparation and sale of his product, and

(b) the user or consumer has not bought the product from or entered into any contractual relation with the seller.¹³³

Thus, the strict liability of a manufacturer for injuries caused by its defective products, introduced into the stream of commerce for sale, is established law in Arizona,¹³⁴ and any person injured as a result of such a product has a claim against the manufacturer under the doctrine of “Products Liability” or “Strict Tort Liability.”¹³⁵ No contractual relationship such as...