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  1. #1
    Join Date
    Jun 2018
    Posts
    4

    Default Does the Plantiff Have to Prove Negligence

    My question involves an injury that occurred in the state of: AZ

    Can someone please correct me if I am wrong. I thought in cases of strict product liability that the plaintiff does not have to prove negligence?

    As long as:
    -the product was being used for the purpose for which it was intended
    -the product was not modified
    -the product caused injury

    the manufacturer, store, or anyone in the supply chain could be held liable for damages.

  2. #2
    Join Date
    Oct 2014
    Posts
    6,421

    Default Re: My Small Claims Case Was Moved to Civil Court by the Defendant

    Strict product liability claims may be had against the seller in Arizona, too. But in order to make that case you still have to prove that the product was indeed defective and unreasonably dangerous.

  3. #3
    Join Date
    Mar 2013
    Posts
    15,633

    Default Re: My Small Claims Case Was Moved to Civil Court by the Defendant

    Can someone please correct me if I am wrong. I thought in cases of strict product liability that the plaintiff does not have to prove negligence?

    As long as:
    -the product was being used for the purpose for which it was intended
    -the product was not modified
    -the product caused injury

    the manufacturer, store, or anyone in the supply chain could be held liable for damages.
    While that is true, it's overly simplified. You still have to make a prima facie (google it) case that those elements existed and that is further complicated by AZ's product liability statutes 12-681 through 12-689 which you can read at:

    https://www.azleg.gov/arsDetail/?title=12

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