Phoenix Product Liability Lawyer

If you need a Phoenix product liability lawyer, Elmm Law Group handles your case from evidence to settlement, including all insurance communication.

• Former AZ Attorney General’s Office
• We handle insurance – you recover
• No fee unless you win

More at:

• 
• 

TL;DR

• Arizona imposes strict liability on manufacturers and sellers of defective products under the Restatement (Second) of Torts Section 402A, as adopted by Arizona courts, meaning fault does not need to be proven, only that the product was defective and caused your injury.
• The standard deadline to file a product liability lawsuit in Arizona is two years from the date of injury under A.R.S. Section 12-542, with limited exceptions for discovery of latent defects.
• Three types of defects can support a claim: design defects, manufacturing defects, and failure to warn (inadequate instructions or safety warnings).
• Cases are filed in Maricopa County Superior Court, and Elmm Law Group handles every stage from investigation through trial.
• Elmm Law Group works on a contingency fee basis, meaning you pay no attorney fees unless we recover compensation for you.

What Phoenix Product Liability Victims Need to Know

Arizona law gives injured consumers meaningful rights against the entire chain of commerce for a defective product, from the original manufacturer down to the local retailer. Understanding those rights early can protect your ability to recover.

• Strict liability: Under Arizona’s adoption of strict products liability, you do not need to prove negligence. You must show the product was defective, the defect made it unreasonably dangerous, and the defect caused your injury.
• Two-year filing deadline: A.R.S. Section 12-542 generally gives you two years from the date of injury to file suit. Missing this deadline almost always bars your claim permanently.
• Statute of repose: A.R.S. Section 12-551 imposes a 12-year statute of repose on product liability claims, running from the date the product was first sold. If your product is older than 12 years, special analysis is required.
• Multiple defendants: Liability can extend to the manufacturer, component-part makers, distributors, and retailers. Arizona’s fault-allocation rules under A.R.S. Section 12-2505 can affect how damages are apportioned.
• Recall history matters but is not required: A product recall can strengthen your case, but a product does not need to have been recalled for you to have a valid claim.
• Preserve the product: Do not discard, repair, or alter the product or its packaging. It is critical physical evidence.

Why Product Liability Claims Are More Complicated Than They Look

Product liability cases look straightforward on the surface: a product failed and someone got hurt. In practice, these claims are among the most aggressively defended in civil litigation. Large manufacturers and their insurers retain specialized defense teams whose job is to minimize or eliminate your recovery.

One of the most common tactics is shifting blame to the user. Defense attorneys will argue you misused the product, ignored warnings, or modified it after purchase. Under Arizona’s comparative fault framework in A.R.S. Section 12-2505, any percentage of fault assigned to you reduces your recovery proportionally, and if your fault exceeds 50 percent, you may be barred from recovering entirely. Insurers use this rule aggressively to pressure claimants into low settlements.

Defendants also challenge causation, arguing that the product defect did not actually cause your specific injury or that an intervening event broke the chain of liability. They may retain paid expert witnesses to contradict your medical providers or offer alternative explanations for the product failure. Without an attorney who understands how to counter these strategies, a valid claim can be undervalued or denied.

Early evidence preservation is critical. Physical products degrade, electronic data is overwritten, and corporate records are retained only for limited periods. Acting quickly gives your legal team the best chance to secure the evidence needed to defeat these defenses.

Compensation You May Recover After a Phoenix Product Liability Injury

Arizona law allows injured product liability victims to seek compensation for the full range of losses caused by a defective product. Damages fall into two broad categories: economic losses with a calculable dollar value, and non-economic losses for harms that are real but harder to quantify.

• Past and future medical expenses, including emergency care, surgery, hospitalization, rehabilitation, and ongoing treatment
• Lost wages and income during recovery
• Diminished earning capacity if the injury affects your ability to work long-term
• Pain and suffering, both physical and emotional
• Disfigurement or permanent scarring
• Loss of enjoyment of life and loss of consortium for affected family members
• Property damage caused by the defective product
• Punitive damages in cases where the manufacturer’s conduct was egregious or showed conscious disregard for consumer safety, as permitted under A.R.S. Section 12-820.04 and related case law
• Wrongful death damages if a defective product caused a fatality, including funeral costs, loss of financial support, and loss of companionship under A.R.S. Section 12-611 et seq.

Common Causes of Product Liability Injuries in Phoenix, AZ

Phoenix’s size, climate, and driving culture create a wide range of product liability exposures that are specific to this city and region.

Defective Auto Parts on Phoenix Freeways and Surface Streets

With millions of vehicle miles traveled daily on Interstate 10, Interstate 17, Loop 101, Loop 202, and State Route 51, defective auto components are a significant source of serious injury claims in Phoenix. Tire blowouts caused by manufacturing defects have contributed to crashes at high-speed corridors like the I-10 Broadway Curve and the I-10/I-17 Stack interchange. Faulty airbags that fail to deploy or deploy unexpectedly, defective brake components, and power steering failures have all been the basis of product claims arising from Phoenix-area crashes. When a vehicle defect contributes to a collision on Grand Avenue’s notoriously offset intersections or along the busy Camelback Road corridor, both the at-fault driver and the product manufacturer may be liable parties.

Household Appliances and Consumer Electronics

Phoenix’s extreme summer heat places extraordinary stress on appliances and electronics. Defective lithium-ion batteries in power tools, e-bikes, and consumer electronics have caused fires and explosions in homes across Ahwatukee, Arcadia, Deer Valley, and Maryvale. Faulty HVAC units, which are essential to survival during Phoenix summers, have caused carbon monoxide exposure and electrical fires when components fail due to manufacturing defects. Defective space heaters and extension cords are another recurring source of residential fires and burn injuries.

Children’s Products

Defective children’s products, including unsafe infant sleep products, recalled car seats, and toys with choking hazards or toxic materials, generate product liability claims throughout the Phoenix metro. Families in the South Mountain area, Deer Valley, and throughout Maricopa County have been affected by products that passed retail shelves despite known defects or inadequate safety testing.

Medical Devices and Pharmaceutical Products

Phoenix is home to major hospital systems and a large population of medical device users. Defective orthopedic implants, surgical mesh products, insulin pumps, and other medical devices have injured patients who trusted that these products met safety standards. Failure-to-warn claims are especially common in this category, where manufacturers knew of risks but failed to adequately disclose them to patients or prescribing physicians.

Power Tools and Industrial Equipment

Phoenix’s active construction industry, particularly along the I-17 corridor and in rapidly developing areas near Loop 303 and the West Valley, means that defective power tools and industrial equipment regularly cause serious workplace injuries. Defective guards, faulty wiring, and inadequate safety instructions have led to amputations, crush injuries, and electrical burns.

Injuries Commonly Seen in Phoenix Product Liability Cases

The injuries caused by defective products range from minor to catastrophic, and many require long-term medical care that significantly affects a victim’s quality of life.

• Severe burns and scarring from defective appliances, batteries, or flammable materials
• Traumatic brain injuries from defective helmets, vehicle components, or falls caused by product failures
• Spinal cord injuries and paralysis
• Amputations and crush injuries from defective machinery or power tools
• Lacerations and internal injuries from shattered or fragmenting products
• Chemical burns and toxic exposure from defective industrial or consumer products
• Choking and asphyxiation injuries in children from defective toys or products with small parts
• Organ damage and systemic illness from defective medical devices or pharmaceutical products
• Wrongful death when a product defect causes a fatal injury

Steps to Take After a Product Liability Injury in Phoenix

1. Seek immediate medical attention. Your health is the priority. Emergency rooms at Banner University Medical Center, Valleywise Health, or HonorHealth are available throughout Phoenix. Make sure all injuries are documented in medical records, even if they seem minor at first.
2. Preserve the product. Do not throw away, repair, clean, or modify the defective product, its packaging, or any instructions or warning labels that came with it. Place it somewhere safe and photograph it thoroughly before anyone else handles it.
3. Document everything. Photograph your injuries, the scene where the incident occurred, and any property damage. Write down exactly what happened while your memory is fresh, including the product name, model number, and where and when you purchased it.
4. Check for recalls. Search the U.S. Consumer Product Safety Commission (CPSC) database and the National Highway Traffic Safety Administration (NHTSA) database to see if the product has an existing recall. This information can be powerful evidence, but a lack of recall does not mean you have no claim.
5. Avoid giving statements to the manufacturer or its insurer. Companies and their insurers may contact you quickly after an incident. Anything you say can be used to minimize your claim. Politely decline to give a recorded statement until you have spoken with an attorney.
6. Contact a Phoenix product liability attorney as soon as possible. The two-year filing deadline under A.R.S. Section 12-542 begins running from the date of injury, and critical evidence can disappear quickly. Elmm Law Group offers free consultations and can begin protecting your rights immediately.

How Elmm Law Group Builds Your Product Liability Case

Product liability cases require a level of technical investigation that goes well beyond a standard personal injury claim. Elmm Law Group approaches each case with a structured, evidence-driven process designed to establish liability and maximize your recovery.

Investigation and Evidence Preservation

From the moment you retain us, we move quickly to preserve the physical product and all associated evidence. We coordinate with forensic engineers and product safety experts who can examine the product, reconstruct what happened, and identify whether the defect was a design flaw present in every unit, a manufacturing error specific to your product, or a failure to provide adequate warnings. We also research the product’s regulatory history, prior complaints filed with the CPSC or NHTSA, and any internal company communications that may be obtainable through discovery in Maricopa County Superior Court.

Documentation and Expert Development

We work with your treating physicians and, where necessary, independent medical experts to fully document the nature and extent of your injuries and connect them directly to the product defect. We also engage economists and vocational experts when your injuries affect your ability to work, ensuring that future losses are calculated and presented with precision. Thorough documentation is the foundation of a strong demand and, if necessary, a compelling trial presentation.

Negotiation and Litigation

Elmm Law Group negotiates from a position of preparation. We present manufacturers and their insurers with a fully documented claim backed by expert analysis, making clear that we are prepared to litigate if a fair resolution is not offered. When defendants refuse to offer reasonable compensation, we file in Maricopa County Superior Court and take the case through discovery, expert depositions, and trial if that is what it takes to achieve justice for our client. Attorney Gordi Mikalacki’s background as a former Arizona Assistant Attorney General means she has litigated against well-funded institutional opponents and understands how to win.

Product Liability Attorney Phoenix AZ: Local Roads, Local Knowledge

Phoenix is not a generic city, and product liability claims that arise here carry local context that matters to how a case is investigated and litigated. A tire blowout caused by a defective tire on the I-10 Broadway Curve at rush hour involves different investigative considerations than a kitchen appliance fire in an Ahwatukee home or a defective power tool injury on a Deer Valley construction site. Understanding the roads, the neighborhoods, and the way people live and work in Phoenix helps us ask the right questions from the start.

The Camelback corridor, Midtown along Central Avenue, and the busy surface streets of Indian School Road and Thomas Road see heavy commercial and residential traffic that can complicate accident reconstruction when vehicle defects are involved. The Valley Metro light rail along Central Avenue and Washington and Jefferson streets creates pedestrian and vehicle interaction zones where defective vehicle components have contributed to serious incidents. Grand Avenue’s diagonal alignment and offset intersections make it one of the most collision-prone corridors in the city, and defective auto parts that might be manageable on a straight road can be catastrophic there.

Arizona’s strict liability framework, comparative fault rules under A.R.S. Section 12-2505, and the 12-year statute of repose under A.R.S. Section 12-551 all shape how product liability claims are evaluated and litigated in Maricopa County Superior Court. Judges and juries in Maricopa County are familiar with Phoenix’s roads and conditions, and local knowledge informs how we frame the facts of your case. Elmm Law Group’s office at 3401 N. 32nd St., Phoenix, AZ 85018, near the SR-51 Piestewa Freeway and the Camelback corridor, puts us at the center of the community we serve.

About Gordi Mikalacki: Phoenix Product Liability Attorney

Gordana “Gordi” Mikalacki, Esq. is the founding attorney of Elmm Law Group and a Phoenix personal injury lawyer with a background that sets her apart in product liability litigation. She earned her J.D. from the Sandra Day O’Connor College of Law at Arizona State University, one of the top law schools in the Southwest, and clerked for the Arizona Court of Appeals, where she developed a deep understanding of how Arizona appellate courts interpret tort law, including the strict liability doctrines that govern product defect claims.

Before founding Elmm Law Group, Gordi served as an Arizona Assistant Attorney General, litigating complex cases against institutional defendants on behalf of the State of Arizona. That experience gave her firsthand knowledge of the tactics large organizations and their legal teams use to defend against serious claims, and she now applies that knowledge exclusively on behalf of injured individuals and families.

Gordi works directly with every client at Elmm Law Group. You will not be handed off to a paralegal or a junior associate. She is available 24 hours a day, seven days a week, and she consults with clients in English, Spanish, and Serbo-Croatian, ensuring that language is never a barrier to getting the legal help you need.

Why Choose Elmm Law Group

• Former Arizona Assistant Attorney General: Gordi has litigated against well-funded institutional defendants and knows their playbook from the inside.
• Former Arizona Court of Appeals law clerk: Deep familiarity with how Arizona appellate courts interpret the strict liability and comparative fault doctrines that govern product liability claims.
• Personal injury only: Elmm Law Group handles only personal injury cases, meaning every resource in the firm is focused on getting the best outcome for injured clients.
• Direct attorney access: Gordi personally handles your case from intake through resolution. You will always know where your case stands.
• No fee unless you win: Elmm Law Group works on a contingency fee basis. You pay nothing unless we recover compensation for you.
• Phoenix hometown firm: Our office is at 3401 N. 32nd St. in Phoenix. We know this city, its courts, and its communities.
• Multilingual service: Consultations available in English, Spanish, and Serbo-Croatian.
• Available 24/7: We are reachable around the clock because injuries do not happen on a business schedule.

Contact a Phoenix Product Liability Lawyer: Free Consultation, Available 24/7

If a defective product has injured you or someone you love in Phoenix, you deserve answers and you deserve an attorney who will fight for full accountability. Elmm Law Group offers free, no-obligation consultations so you can understand your rights before making any decisions. There is no fee unless we win your case, and we are available around the clock to take your call or respond to your message. Reach out today and let us put our experience to work for you.

Frequently Asked Questions

How long do I have to file a product liability lawsuit in Phoenix, Arizona?

In most cases, Arizona law gives you two years from the date of your injury to file a product liability lawsuit, under A.R.S. Section 12-542. If you did not discover the injury right away, the “discovery rule” may delay the start of that clock, but this exception is interpreted narrowly and you should not rely on it without legal advice.

Arizona also has a 12-year statute of repose under A.R.S. Section 12-551, which bars claims for products that were first sold more than 12 years before the injury in most circumstances. If your situation involves an older product, an attorney can evaluate whether any exceptions apply. The safest course is always to consult a Phoenix product liability attorney as soon as possible after your injury.

Do I have to prove the manufacturer was negligent to win a product liability case in Arizona?

No. Arizona follows the doctrine of strict products liability, which means you do not need to prove that the manufacturer was careless or acted wrongfully. You need to establish that the product was defective, that the defect made it unreasonably dangerous, and that the defect caused your injury. This is a higher standard of consumer protection than ordinary negligence, and it applies to design defects, manufacturing defects, and failures to warn.

That said, defendants will still raise defenses including comparative fault, misuse, and causation challenges, which is why having an experienced attorney is important even in a strict liability case.

Where are Phoenix product liability cases filed and how does the process work?

Product liability cases arising from injuries in Phoenix are filed in Maricopa County Superior Court. After filing, the case goes through a discovery phase where both sides exchange evidence, documents, and expert reports. Depositions of witnesses and experts are taken. Many cases resolve through settlement negotiations before trial, but Elmm Law Group prepares every case as if it will go to trial to ensure the strongest possible negotiating position.

If the case does not settle, it proceeds to a jury trial in Maricopa County Superior Court. Arizona juries decide both liability and damages. The process can take anywhere from several months to a few years depending on the complexity of the case and the court’s docket.

Can I still recover compensation if I was partly at fault for my product liability injury?

Possibly, but it depends on the degree of fault assigned to you. Arizona uses a pure comparative fault system modified by A.R.S. Section 12-2505, which bars recovery if the plaintiff is found to be more than 50 percent at fault. If you are found to be 50 percent or less at fault, your damages are reduced by your percentage of fault. For example, if a jury awards $100,000 and finds you 20 percent at fault, you recover $80,000.

Defense attorneys in product liability cases routinely argue that the plaintiff misused the product or ignored warnings in order to drive up the plaintiff’s percentage of fault. An experienced product liability attorney can counter these arguments with evidence of the product’s design, its intended use, and the adequacy of the warnings provided.

What if the product that injured me has already been recalled?

A product recall can significantly strengthen your claim because it is evidence that the manufacturer or a regulatory agency recognized the product was dangerous. However, a recall does not automatically guarantee you will win your case. You still need to establish that the specific defect covered by the recall caused your specific injury, and defendants may argue that you had notice of the recall and failed to stop using the product.

Conversely, the absence of a recall does not mean you have no claim. Many defective products are never recalled, and you can still pursue a product liability case based on design defects, manufacturing defects, or failure to warn even if no recall was ever issued.

How much does it cost to hire a Phoenix product liability attorney at Elmm Law Group?

Elmm Law Group handles product liability cases on a contingency fee basis. This means there are no upfront attorney fees and no hourly charges. You pay legal fees only if we recover compensation for you, and the fee is a percentage of the recovery agreed upon at the outset. If we do not win, you owe no attorney fees.

The initial consultation is completely free and carries no obligation. This structure is designed to ensure that anyone injured by a defective product in Phoenix can access experienced legal representation regardless of their financial situation.