What Makes a Product Legally “Defective” in Injury Claims?
When consumers purchase a product, they expect it to function as intended and not cause harm during reasonable use. Most of the time, that expectation is met. Product liability laws help determine whether the injured party may have a valid claim.
At Faussette and Faussette PLLC, we handle product liability cases in Phoenix, Arizona, with close attention to detail. Our defective product attorneys can help evaluate whether the product that caused harm meets the legal standards for a claim.
Types of Legal Product Defect
There are three recognized types of product defects under Arizona law. Each one involves a different point of failure in the product's lifecycle.
Design Defects
A design defect exists when the product's design is inherently unsafe, even before it’s manufactured. In these cases, every product made using the same design may pose a risk to consumers.
For example:
A space heater designed without a tip-over shutoff may create a fire hazard.
A vehicle designed with a high center of gravity may roll over too easily during normal operation.
These defects often require examining whether a safer, feasible alternative design was available at the time the product was developed. A Defective Product Attorney can assess the product’s design and compare it with industry safety standards.
Manufacturing Defects
Manufacturing defects occur during the construction or production of the product. These are typically accidental issues that affect individual units or batches, rather than the entire product line.
Some examples include:
A swing set with a cracked weld due to a machine malfunction
A batch of medication was contaminated during packaging
A ladder assembled without one of its stabilizing components
In these situations, the design may have been sound, but the product became dangerous due to an error in the production process.
Marketing Defects (Failure to Warn)
Marketing defects refer to a failure to provide adequate warnings or instructions. If the product has known risks that aren’t obvious to consumers, the manufacturer or distributor has a duty to disclose them.
These issues may include:
Lack of warning labels on cleaning products with toxic fumes
Inadequate instructions for the safe use of a power tool
Missing cautions about side effects in over-the-counter medications
This category also covers misrepresentations in advertising or packaging that may lead a consumer to misuse the product. An experienced Defective Product Attorney will know what kind of disclosures are required and when a failure to warn becomes legally actionable.
What Makes a Defect Legally Actionable
Not every product failure leads to legal liability. To hold a manufacturer or distributor responsible, the defect must have existed at the time the product left their control and must be directly linked to the injury.
I analyze whether:
The product was being used as intended or in a reasonably foreseeable way
The defect directly caused the injury
The injury was a result of normal use, not misuse or alteration
There was no warning provided, or the warning was inadequate
If these elements can be shown, the product may meet the threshold of being legally defective.
Proving a Defective Product Claim
Building a strong product liability case requires documentation, investigation, and legal analysis. I prioritize gathering all relevant facts to establish that the product defect was the cause of the injury.
Key elements include physical evidence, such as the product itself, especially in its post-incident condition. Purchase records, including receipts, warranty documents, and manuals, are also important.
Medical records that detail the nature and cause of the injury, along with witness statements from those who saw the product fail or the injury occur, can significantly strengthen a claim.
Additionally, comparison with similar products may support the argument that the design was unreasonably dangerous. In cases involving manufacturing defects, identifying a pattern in other units or confirming a specific production error can further help substantiate the case.
Working with a defective product attorney helps clarify what evidence matters most and how to present it effectively.
Common Products Involved in Injury Claims
While any product can potentially be defective, certain categories come up more often in legal claims due to how frequently they’re used and the level of risk involved.
Products frequently involved in defective product claims include:
Automobiles and vehicle components (e.g., airbags, brakes, tires)
Prescription and over-the-counter drugs
Medical devices (e.g., joint implants, defibrillators)
Household appliances (e.g., space heaters, stoves)
Children’s toys and furniture
Power tools and construction equipment
Each of these products carries a level of risk that can be elevated when defects are present. An improperly labeled drug or a misfiring airbag system can have severe consequences.
Strict Liability in Arizona
Arizona follows the doctrine of strict liability for product defect claims. That means the injured person doesn’t have to prove the manufacturer was negligent—only that the product was defective and caused the injury.
This differs from some other types of injury cases, such as slip-and-falls or auto accidents, where proving negligence is required. Strict liability shifts the focus from the company’s behavior to the condition of the product.
However, strict liability doesn’t make the process automatic. The plaintiff must still demonstrate that the product was defective and that the defect was the direct cause of harm. A defective product attorney can help identify the strongest legal approach under this standard.
Defenses Used by Manufacturers
Manufacturers and retailers often try to limit their liability by shifting blame to the consumer or other parties. It’s common to see them raise defenses like:
Misuse of the product: Claiming the user didn’t follow instructions or used the product in a way not intended
Modification of the product: Arguing that a third party altered the product after purchase
Assumption of risk: Suggesting the consumer understood the risks but used the product anyway
I examine each of these defenses carefully. In some cases, they don’t apply or aren’t strong enough to overcome the defect claim.
The Importance of Warnings and Instructions
Clear, accurate warnings and usage instructions are part of the manufacturer’s responsibility. If a product carries hidden dangers, those risks need to be communicated in a way that the average consumer can understand.
Labels, manuals, and safety notices must be visible, easy to follow, and updated when risks are discovered. Failure to include these materials or doing so in a confusing manner may contribute to the product being deemed defective.
Steps to Take After an Injury
If someone is injured by a defective product, it’s important to preserve evidence and seek legal advice right away. These early actions help protect the possibility of a claim and allow for proper investigation.
Steps to take include:
Keep the product in its current condition and don’t discard packaging or receipts
Take photos of the product and the injury
Obtain medical attention and retain all related records
Record your recollection of how the injury occurred
Avoid discussing the incident with the manufacturer’s representatives without legal guidance
Acting quickly helps strengthen a product liability claim and preserves key evidence that might otherwise be lost.
Compensation in Product Liability Cases
Injuries from defective products often come with significant medical costs, time away from work, and long-term impacts. A successful product liability claim may result in compensation for:
Medical expenses (past and future)
Lost wages
Pain and suffering
Disability or disfigurement
Loss of enjoyment of life
In some cases, punitive damages may be awarded if the manufacturer acted with disregard for safety. The goal isn’t only to compensate the injured party but to hold companies accountable for dangerous products. A qualified defective product attorney can help pursue full and fair compensation based on the facts of the case.
Contact Us Today
Identifying a legally defective product requires proving how its design, manufacturing, or lack of warnings failed to meet legal standards and caused harm. At Faussette and Faussette PLLC, we help individuals throughout Phoenix, Tucson, Glendale, Peoria, Scottsdale, Goodyear, Avondale, Surprise, Chandler, Gilbert, Mesa, and Tempe seek justice. If you’ve been injured by a product, don’t wait—contact our office today.