Death Cause by a Defective Product

If a defective and unreasonably dangerous product contributes to the death, there may be a claim against the manufacturer or seller of the product. Arizona law imposes "strict liability" against those responsible for putting the product on the market. For example, if a person involved in a one vehicle accident is killed because the seat belt did not function properly, there may be a claim against the manufacturer of the car and seat belt. If a person is killed on the job because of a dangerous and defective piece of machinery, there may be a product liability claim against the manufacturer and seller of the machinery. A dangerous medication that causes death may expose the drug company to strict liability.

There are various types of defects. A product may be defective if it breaks or malfunctions. A product may be defectively designed. A product may be defective because it lacks adequate warnings or instructions.

A claimant must prove four things to prevail in a products liability case:

1. The defendant was a manufacturer or seller of the product;
2. The product was defective and unreasonably dangerous;
3. The defect was a cause of the death; and
4. The damages or losses to the survivors.

If is often necessary to retain an expert, such as an engineer, to evaluate the product and render an opinion as to whether the product is defective and unreasonably dangerous. For this reason, it is very important to preserve the evidence with respect to any product or products that may be involved. If the product is lost, destroyed, repaired or changed after an accident, this may jeopardize the case.