AZ Common Law Causes of Action STRICT PRODUCTS LIABILITY (2011)

• Jurisdiction: Arizona

STRICT PRODUCTS LIABILITY

Elements

“For a prima facie case of strict product liability, the plaintiff must demonstrate that the product was in a defective condition that made it unreasonably dangerous, that the defective condition existed when the product left the defendant’s control, and that the defective condition proximately caused the plaintiff’s injuries. A product may be unreasonably dangerous because of a manufacturing defect, a design defect, or an informational defect encompassing its instructions and warnings.” Dillon v. Zeneca Corp., 202 Ariz. 167, 172, 42 P.3d 598, 603 (App. Div. 2, 2002) (internal citations omitted).

“[T]he Arizona courts have extended strict liability to a variety of enterprises that do not fit a common notion of manufacturer or seller. . . . The common thread in such cases, however, is that the character of the injury-producing conduct places the enterprise within the class of those in the business of placing products in the stream of commerce.” Unique Equip. Co., v. TRW Vehicle Safety Sys., Inc., 197 Ariz. 50, 56, ¶¶ 24, 25, 3 P.3d 970, 976 (App. Div. 1, 1999) (internal citations and quotations omitted).

“To establish a prima facie case of strict liability, the plaintiff must show (1) the product is defective and unreasonably dangerous, (2) the defective condition existed at the time the product left the defendant’s control, and (3) the defective condition is the proximate cause of the plaintiff’s injuries. A product may be unreasonably dangerous in the absence of adequate warnings.” Dole Food Co., v. N. Carolina Foam Indus., Inc., 188 Ariz. 298, 301-02, 935 P.2d 876, 879-80 (App. Div. 1, 1996) (internal citations and quotations omitted).

...