When a defective product causes a fatal injury in Glendale, Arizona, the family of the deceased may pursue a wrongful death claim against the manufacturer, distributor, or retailer. Arizona law under A.R.S. § 12-611 allows specific family members to seek compensation for their loss, including funeral expenses, lost financial support, and the emotional impact of losing a loved one.
Losing a family member to a defective product is devastating, and the aftermath involves more than grief. Families face immediate financial pressures from medical bills and funeral costs while also losing the income and support their loved one provided. When a defective product is responsible, Arizona law recognizes that the company that designed, manufactured, or sold that dangerous product must be held accountable. Product liability law exists to protect consumers from harm caused by items they trust to be safe, and when that trust is violated with fatal consequences, the legal system provides a path for families to seek justice and financial recovery.
Life Justice Law Group understands the unique challenges families face after a wrongful death caused by a defective product in Glendale. Our attorneys provide compassionate guidance while aggressively pursuing the compensation your family deserves. We handle defective product wrongful death cases on a contingency fee basis, which means you pay no legal fees unless we win your case. Contact us today at (480) 378-8088 for a free consultation and case evaluation.
Understanding Wrongful Death Claims Based on Defective Products
A wrongful death claim based on a defective product arises when someone dies due to an unreasonably dangerous product that failed to meet consumer safety expectations. These claims fall under product liability law, which holds manufacturers, distributors, and sellers responsible for injuries and deaths caused by defective items they placed into the stream of commerce.
Unlike other wrongful death cases that require proving negligence, product liability claims in Arizona may succeed under strict liability principles outlined in Arizona case law. This means your family does not necessarily need to prove the manufacturer was careless or acted recklessly. Instead, you must demonstrate that the product was defective and that this defect directly caused your loved one’s death. Arizona courts recognize three main types of product defects: design defects that make the entire product line dangerous, manufacturing defects that affect specific units, and marketing defects involving inadequate warnings or instructions.
Types of Defective Products That Can Cause Wrongful Death
Defective products that lead to fatal injuries span numerous categories, from everyday household items to complex industrial equipment. Understanding the type of defect involved in your case helps establish liability and identify all responsible parties who contributed to your loved one’s death.
Design Defects
A design defect exists when a product’s blueprint or specifications are inherently dangerous, making every unit of that product line unsafe before manufacturing even begins. Even when manufactured perfectly according to specifications, these products pose unreasonable risks that could have been eliminated through better design choices. Design defect cases often involve expert testimony about alternative safer designs that would have prevented the fatal injury.
Common examples include vehicles with top-heavy designs that cause rollover accidents, space heaters that ignite nearby materials, power tools without adequate safety guards, and household appliances with exposed electrical components. These defects affect entire product lines and may lead to widespread injuries before manufacturers issue recalls.
Manufacturing Defects
Manufacturing defects occur during the production process when something goes wrong, causing specific units to differ from the intended design and become dangerous. These defects may result from contaminated materials, assembly errors, quality control failures, or machinery malfunctions at the factory. Only certain products are affected rather than the entire product line.
Fatal manufacturing defects commonly appear in pharmaceutical contamination, automotive brake system failures, exploding lithium batteries, structurally weak ladder joints, and defective airbags. Because these defects are inconsistent and unpredictable, identifying the specific unit that caused death and tracing it back through the supply chain becomes crucial evidence in your claim.
Marketing Defects and Failure to Warn
Marketing defects involve inadequate instructions, insufficient safety warnings, or misleading information about proper product use and potential hazards. Manufacturers have a legal duty to warn consumers about dangers that are not obvious, especially when the product cannot be made completely safe. These warnings must be clear, prominent, and communicated in language consumers can understand.
Fatal marketing defects include prescription drugs with insufficient side effect warnings, chemicals without proper handling instructions, machinery lacking operation safety guidelines, and consumer products with unclear age restrictions. When companies fail to provide adequate warnings about known dangers, they may be held liable even if the product itself functions as designed.
Who Can File a Defective Product Wrongful Death Claim in Glendale
Arizona’s wrongful death statute, A.R.S. § 12-611, strictly limits who may bring a wrongful death claim, and this applies equally to deaths caused by defective products. Understanding who has legal standing to file ensures your family takes the correct legal approach from the beginning.
Only the personal representative of the deceased person’s estate may file the wrongful death lawsuit. This representative is typically named in the decedent’s will or appointed by the probate court if no will exists. The personal representative does not file for their own benefit but rather on behalf of specific beneficiaries who are entitled to recover damages under Arizona law. These beneficiaries include the surviving spouse, children, parents (if no spouse or children survive), and anyone financially dependent on the deceased at the time of death.
The personal representative must be formally appointed through Maricopa County Superior Court probate proceedings before filing the wrongful death claim. This appointment grants legal authority to act on behalf of the estate and beneficiaries. If family members disagree about who should serve as personal representative or who qualifies as a beneficiary, the probate court will resolve these disputes according to Arizona succession laws. Our firm assists families with both the probate appointment process and the subsequent defective product wrongful death claim to ensure all procedures are properly followed.
Establishing Liability in a Defective Product Wrongful Death Case
Proving liability in a defective product wrongful death case requires demonstrating several key elements that connect the product defect to your loved one’s death. Arizona law allows claims under both strict liability and negligence theories, though strict liability often provides a more straightforward path to recovery.
Proving the Product Was Defective
You must first establish that the product contained a design defect, manufacturing defect, or marketing defect that made it unreasonably dangerous. This typically requires expert testimony from engineers, product safety specialists, or industry professionals who can explain how the product deviated from safety standards or how a safer alternative design could have prevented the death. Physical evidence of the actual product is crucial, which is why preserving the defective item immediately after the incident is essential.
Documentation of similar incidents involving the same product strengthens your case significantly. If the manufacturer received prior complaints, issued recalls, or faced other lawsuits regarding the same defect, this pattern of problems demonstrates the company knew or should have known about the danger. Our attorneys conduct thorough investigations to uncover this type of evidence.
Demonstrating Causation
Even after proving a product was defective, you must show that this specific defect directly caused your loved one’s death. Medical evidence, autopsy reports, and expert testimony establish the causal link between the product failure and the fatal injury. This element becomes particularly important when the deceased had pre-existing health conditions or when multiple factors contributed to the incident.
Defendants often argue that improper use, modifications, or unforeseeable misuse caused the death rather than the defect itself. Arizona law does consider whether the product was being used in a reasonably foreseeable manner at the time of the fatal incident. However, manufacturers must anticipate common uses and misuses of their products, and a defect remains actionable even if the deceased contributed to the accident in some way.
Damages Available in Glendale Defective Product Wrongful Death Claims
Arizona law allows families to recover several types of damages in wrongful death cases caused by defective products, with the goal of providing fair compensation for both economic and non-economic losses resulting from the death.
Economic damages include all quantifiable financial losses the family suffers due to the death. Funeral and burial expenses are immediately recoverable, as these costs represent a direct financial burden on the family. Medical expenses incurred before death are also recoverable if the deceased required treatment for injuries caused by the defective product. Lost financial support represents the income and benefits the deceased would have provided to family members over their expected lifetime, calculated using employment records, earning capacity, and life expectancy data.
Non-economic damages compensate for intangible losses that cannot be precisely calculated but are nonetheless real and devastating. These include the loss of love, companionship, comfort, affection, and guidance that the deceased provided to family members. Parents who lose children may recover for the loss of the unique parent-child relationship, while spouses may recover for the loss of consortium and the partnership they shared. Arizona does not cap non-economic damages in product liability cases, allowing juries to award amounts they deem appropriate based on the specific circumstances and impact of the loss.
Punitive damages may be available under A.R.S. § 12-613 when the defendant’s conduct was particularly egregious, demonstrating an evil mind or conscious disregard for safety. These damages punish the defendant and deter similar conduct by other manufacturers. Punitive damages require clear and convincing evidence that the company knew about the defect and the danger it posed but failed to take corrective action. Evidence of concealed safety testing, ignored complaints, or prioritizing profits over consumer safety can support punitive damages claims.
The Statute of Limitations for Defective Product Wrongful Death Claims
Arizona law imposes strict time limits for filing wrongful death claims, and missing these deadlines typically results in permanent loss of your right to seek compensation. Understanding these time limits and how they apply to defective product cases is crucial for protecting your family’s legal rights.
Under A.R.S. § 12-542, wrongful death claims must be filed within two years from the date of death. This deadline applies regardless of when the family discovered the product defect or learned that a defective product caused the death. The two-year period begins running on the date your loved one died, not the date of the accident or exposure if death occurred later. If the personal representative fails to file the lawsuit within this two-year window, Arizona courts will dismiss the case, and the family loses all opportunity for legal recovery.
Product liability claims in Arizona also fall under A.R.S. § 12-551, which provides a twelve-year statute of repose for product liability actions. This means no claim can be brought more than twelve years after the product was first sold, regardless of when the injury or death occurred. This statute of repose protects manufacturers from indefinite liability for old products. However, when dealing with wrongful death claims, the two-year wrongful death statute of limitations is almost always the controlling deadline because death typically occurs well within the twelve-year window.
Certain circumstances may pause or extend these deadlines through legal doctrines like tolling or discovery rules, but these exceptions are narrow and rarely apply to wrongful death cases. Relying on potential exceptions is risky. The safest approach is to consult with an attorney immediately after your loved one’s death to ensure all legal deadlines are identified and met. Our firm prioritizes prompt action to preserve your rights and begin building the strongest possible case without delay.
Why Product Manufacturers, Distributors, and Retailers May All Be Liable
Arizona product liability law recognizes that multiple parties in the distribution chain may share responsibility for deaths caused by defective products. Understanding who can be held liable helps ensure your claim targets all responsible parties and maximizes potential recovery.
Manufacturers bear primary responsibility as the entities that designed and produced the defective product. This includes the company that manufactured the finished product, as well as manufacturers of component parts that contributed to the defect. Even if your loved one never directly purchased from or interacted with the manufacturer, Arizona law allows you to hold them liable because they placed the dangerous product into the stream of commerce. Manufacturers typically carry substantial insurance coverage and assets, making them the most important defendants in most cases.
Distributors and wholesalers can be held liable even though they did not manufacture the product or have opportunities to inspect it for defects. Arizona applies strict liability principles that hold these middle parties responsible for distributing defective products regardless of whether they knew about the defect or could have discovered it. This legal approach recognizes that distributors benefit economically from selling products and should share responsibility when those products cause harm.
Retailers who sold the defective product directly to consumers also face potential liability under Arizona law. The store or online marketplace where your loved one purchased the product may be named as a defendant even if they had no role in creating the defect. However, A.R.S. § 12-683 provides some protection to retailers who can prove they did not manufacture, produce, or alter the product and who provide the plaintiff with the manufacturer’s identity and relevant information. Despite this statute, retailers often remain in the case because they are local, accessible defendants with insurance coverage that contributes to settlement negotiations.
The Role of Product Recalls and Safety Reports
Product recalls and safety reports serve as powerful evidence in defective product wrongful death cases, demonstrating that manufacturers recognized dangers with their products. Understanding how to use this evidence strengthens your claim significantly.
The Consumer Product Safety Commission (CPSC) oversees recalls of consumer products, while the National Highway Traffic Safety Administration (NHTSA) handles vehicle recalls, and the Food and Drug Administration (FDA) manages recalls of food, drugs, and medical devices. When these agencies identify safety hazards, they may require or negotiate voluntary recalls with manufacturers. A recall issued before your loved one’s death proves the manufacturer knew about the defect and danger. A recall issued after the death but related to the same defect demonstrates the company’s acknowledgment of the problem.
Recall notices typically describe the defect, explain the danger it poses, and provide information about affected product models and manufacturing dates. This documentation can establish several key elements of your case: that a defect existed, that the defect created an unreasonable danger, that the manufacturer was aware of the problem, and that the product involved in your loved one’s death fell within the affected batch. Our attorneys investigate recall databases maintained by federal agencies to identify any relevant recalls and obtain complete recall documentation.
Safety reports filed with federal agencies reveal what manufacturers knew about product dangers and when they learned about them. Companies must report certain injuries and deaths to agencies like the CPSC and FDA. These reports, obtained through public records requests, often show that manufacturers received multiple complaints about similar incidents before taking corrective action. A pattern of reports demonstrating knowledge of the defect followed by failure to act can support claims for punitive damages and strengthen the case for strict liability.
How Expert Testimony Supports Defective Product Wrongful Death Cases
Expert witnesses provide specialized knowledge that helps establish the technical aspects of product defect claims that judges and juries cannot understand from common experience alone. Selecting the right experts and effectively presenting their testimony often determines the outcome of complex product liability cases.
Product engineers and design experts explain how the product was supposed to function, how it actually functioned, and what went wrong. These experts conduct independent examinations of the defective product, review design specifications and manufacturing records, and compare the product to industry safety standards. Their testimony establishes whether a design defect made the product unreasonably dangerous or whether a manufacturing defect caused this particular unit to differ from the intended design. Design experts also present alternative safer designs that would have prevented the death, demonstrating that feasible solutions existed.
Medical experts and pathologists connect the product defect to your loved one’s death through medical causation testimony. They review autopsy reports, medical records from treatment before death, and injury patterns to explain exactly how the defective product caused the fatal injuries. This testimony becomes crucial when defendants argue that pre-existing conditions or intervening causes contributed to the death. Medical experts must demonstrate to a reasonable degree of medical certainty that the defect was the direct and proximate cause of death.
Industry standards experts and regulatory specialists testify about applicable safety regulations, industry best practices, and whether the manufacturer complied with these requirements. Even when a product technically meets regulatory standards, these experts can explain why those standards were insufficient or why the manufacturer should have exceeded minimum requirements given known dangers. This testimony helps establish that the manufacturer breached the duty to produce reasonably safe products.
Challenging Common Defenses in Product Liability Wrongful Death Cases
Manufacturers and their insurance companies employ predictable defense strategies in defective product wrongful death cases. Understanding these defenses and how to counter them prepares your family for the litigation process and helps achieve the best possible outcome.
Product Misuse and Unforeseeable Use
Defendants frequently argue that the deceased misused the product in an unforeseeable way that the manufacturer could not have anticipated or prevented through design or warnings. Arizona law recognizes this defense, but courts interpret it narrowly. The manufacturer must prove the use was truly unforeseeable, not merely unapproved or contrary to instructions.
Our attorneys counter this defense by demonstrating that the use was reasonably foreseeable even if not specifically intended. Manufacturers must anticipate common misuses and design products to minimize dangers even during foreseeable misuse. Expert testimony often establishes that reasonable product designers consider and plan for the type of use that occurred in your case.
Comparative Fault
Arizona’s comparative fault law, codified in A.R.S. § 12-2505, allows defendants to argue that the deceased person’s own negligence contributed to their death. Under this statute, the damage award is reduced by the percentage of fault attributed to the deceased. If the deceased is found 100 percent at fault, no recovery is possible, though this outcome is rare in defective product cases.
We combat comparative fault arguments by focusing on the product defect itself and demonstrating that the death would not have occurred regardless of the deceased’s actions if the product had been properly designed, manufactured, or labeled. Strong evidence of the defect’s severity and the manufacturer’s knowledge of the danger makes it difficult for defendants to shift blame to the victim successfully.
Compliance with Regulations
Manufacturers often claim they cannot be held liable because their product complied with applicable federal or state safety regulations. While regulatory compliance is relevant evidence, Arizona courts have held that it does not automatically shield manufacturers from liability. Compliance with minimum standards does not prove a product is reasonably safe, and manufacturers have a duty to exceed regulatory minimums when necessary to prevent foreseeable harm.
Our legal team presents evidence that regulations often lag behind known safety improvements, that compliance does not address all potential dangers, and that the specific defect that caused death fell outside the scope of regulatory requirements. Expert testimony establishes what a reasonable manufacturer would have done beyond minimum regulatory compliance.
The Investigation Process in Defective Product Wrongful Death Claims
A thorough investigation forms the foundation of every successful defective product wrongful death case. This process involves multiple steps that must be completed carefully and promptly to preserve crucial evidence and build the strongest possible claim.
Preservation of the product itself is the immediate priority. The actual defective product provides physical evidence that experts will examine to identify the defect and determine how it caused the fatal injury. This product must be stored securely to prevent alteration, deterioration, or destruction. If possible, photograph the product from multiple angles immediately after the incident, documenting its condition, any damage, and its position. If the product remains in the possession of police, medical examiners, or other authorities, ensure it is preserved as evidence.
Documentation gathering includes obtaining the death certificate, autopsy report, medical records from treatment before death, ambulance and emergency response records, police reports, and photographs from the incident scene. Product-related documentation such as purchase receipts, owner’s manuals, warranty information, and any correspondence with the manufacturer about problems with the product also supports your case. Social media posts, text messages, or emails mentioning product malfunctions before the fatal incident can establish prior notice of problems.
Witness interviews identify anyone who saw the incident, used the same product and experienced problems, or has relevant information about how the deceased used the product. First responders, medical providers who treated the deceased, and family members who observed the product’s performance all provide valuable testimony. Our investigators conduct detailed interviews to preserve these accounts while memories remain fresh.
Product research and recall investigations uncover whether similar incidents occurred with the same product, whether recalls were issued, whether the manufacturer faced prior lawsuits, and whether safety reports were filed with regulatory agencies. This background research often reveals patterns of dangerous defects and manufacturer knowledge that strengthen your claim significantly. Legal databases, federal agency records, and industry publications all contribute to this research.
How Life Justice Law Group Handles Defective Product Wrongful Death Cases
Our firm brings extensive experience and resources to every defective product wrongful death case, providing families with comprehensive legal representation during the most difficult time in their lives.
We begin with a thorough case evaluation where we listen to your family’s story, review available evidence, and provide an honest assessment of your claim’s strengths and potential challenges. This initial consultation is completely free, and we explain the legal process in clear terms without pressure to make immediate decisions. Our goal is ensuring you understand your rights and options so you can make informed choices about how to proceed.
Our investigation mobilizes immediately upon retention, with our team working to preserve evidence, secure expert witnesses, and build a complete picture of what happened and why. We coordinate with product safety engineers, medical experts, accident reconstruction specialists, and industry professionals who provide the technical testimony needed to prove your case. Our firm covers all costs of investigation and expert retention upfront, so your family never pays out of pocket for case expenses.
We handle all communication with insurance companies and defense lawyers, protecting your family from tactics designed to minimize the claim’s value or obtain damaging statements. Manufacturers and their insurers often approach grieving families immediately after a death, seeking recorded statements or quick settlements for far less than the claim’s true value. Our representation creates a shield between your family and these parties, ensuring all communication goes through our experienced attorneys who understand defense strategies and protect your interests.
Settlement Negotiations vs. Trial in Product Liability Cases
Most defective product wrongful death cases resolve through settlement negotiations rather than proceeding to trial, but the approach to settlement and the willingness to try the case if necessary significantly impacts the compensation your family ultimately receives.
Settlement negotiations typically begin after we complete our investigation and present a detailed demand package to the defendants and their insurance carriers. This package includes all evidence supporting liability and damages, expert opinions on the defect and causation, and a comprehensive calculation of your family’s losses. Strong initial presentations backed by thorough preparation often lead to serious settlement discussions because defendants recognize the strength of the case and the risk of a substantial jury verdict.
The advantages of settlement include faster resolution and guaranteed compensation without the uncertainty of trial. Settlements also allow families to maintain privacy and avoid the emotional stress of testifying in public court proceedings. However, settlement means accepting less than a jury might award at trial, and it requires releasing all claims against the defendants. We carefully analyze every settlement offer against the potential trial outcome, advising your family about whether the offer represents fair compensation or whether continuing toward trial serves your best interests.
Trial becomes necessary when settlement negotiations fail to produce fair offers that adequately compensate your family for the loss of your loved one. Our attorneys are experienced trial lawyers who prepare every case for trial from the beginning, even while pursuing settlement. This preparation includes readying witnesses, creating demonstrative evidence, developing persuasive opening statements and closing arguments, and anticipating defense strategies. Defendants take cases more seriously and offer better settlements when they know the plaintiff’s attorneys are prepared and willing to try the case.
The trial process in a defective product wrongful death case involves jury selection, opening statements, plaintiff’s presentation of evidence through witnesses and exhibits, defendant’s presentation of their case, rebuttal, and closing arguments before the jury deliberates. These trials often last one to three weeks depending on complexity. While trial involves more time and emotional investment than settlement, juries often award substantial damages in wrongful death cases involving defective products, particularly when evidence shows the manufacturer knew about dangers and failed to act.
Frequently Asked Questions About Defective Product Wrongful Death Claims
How long do I have to file a wrongful death lawsuit in Arizona if a defective product killed my family member?
Arizona law under A.R.S. § 12-542 requires wrongful death claims to be filed within two years from the date of death. This deadline is absolute in most circumstances, and missing it results in permanent loss of your right to pursue compensation. The two-year period begins on the date your loved one died, not when you discovered the product defect or learned that a defective product caused the death. Some families delay action while grieving or handling other matters, but waiting too long can destroy an otherwise valid claim. Consulting with an attorney immediately after the death ensures you meet all deadlines and preserve your legal rights.
The statute of limitations serves several purposes in the legal system, including ensuring evidence remains fresh and reliable, allowing defendants to close out potential liability after a reasonable time, and encouraging prompt resolution of disputes. Courts strictly enforce these deadlines with very few exceptions. Even compelling circumstances like not knowing a lawsuit was possible or being unaware of the product defect typically do not extend the filing deadline in wrongful death cases. Some limited exceptions may apply if the personal representative was not appointed until late in the two-year period, but relying on exceptions is extremely risky. The safest approach is taking action quickly to protect your family’s claim.
Can we sue if our loved one died from a defective product they did not personally purchase?
Yes, Arizona product liability law does not require that the deceased person purchased the product directly or had any contractual relationship with the manufacturer. Strict liability applies to any user or bystander injured or killed by a defective product, regardless of whether they bought it, borrowed it, received it as a gift, or simply encountered it. This principle recognizes that dangerous defects harm people beyond just the original purchaser.
Common scenarios include deaths caused by defective products at someone else’s home, workplace accidents involving employer-owned equipment, children killed by products purchased by parents, and bystanders injured when defective products malfunction. The key legal question is whether the product was defective and whether that defect caused the death, not who owned or purchased the product. Even if your loved one was using borrowed equipment or was merely nearby when a defective product failed, your family maintains the right to pursue a wrongful death claim against the manufacturer, distributor, and seller. Our firm investigates how your loved one encountered the product and builds the case accordingly.
What if the defective product that killed our loved one was recalled after their death?
A recall issued after your loved one’s death can actually strengthen your wrongful death claim substantially. The recall demonstrates that the manufacturer officially acknowledged a defect and danger with the product, supporting your allegations that the product was defective and unreasonably dangerous. Courts and juries view post-incident recalls as powerful evidence because they represent the manufacturer’s own admission of a problem serious enough to warrant pulling products from the market.
The recall notice typically describes the specific defect, explains what danger it poses, identifies which product models and manufacturing dates are affected, and provides information about how many units were sold. All of this information supports various elements of your case. Defense attorneys may argue the company acted responsibly by issuing the recall, but our response focuses on why the recall came too late to save your loved one and whether the company knew or should have known about the defect earlier. Evidence that consumers complained about similar problems before your loved one’s death or that the company’s own internal testing revealed the defect years earlier demonstrates negligence or even reckless disregard for safety. Post-death recalls also help identify other victims who experienced problems with the same product, providing additional evidence of a dangerous defect pattern.
Can we file a wrongful death claim if the product was old or used when our loved one died?
Arizona law does not automatically bar wrongful death claims based on the age of a defective product, though the product’s age may affect certain aspects of the case. The key legal question remains whether the product contained a defect that made it unreasonably dangerous and whether that defect caused your loved one’s death. Products can remain defective regardless of age, particularly when design defects affect every unit ever manufactured or when products deteriorate in ways the manufacturer should have anticipated.
However, Arizona’s twelve-year statute of repose under A.R.S. § 12-551 provides that product liability claims generally cannot be brought more than twelve years after the product was first sold. This law protects manufacturers from liability for very old products where evidence has deteriorated and where the product likely experienced significant wear, modification, or misuse over time. Despite this statute of repose, most wrongful death claims are filed well within twelve years because fatal accidents typically occur within this window. The two-year wrongful death statute of limitations starting from the date of death almost always comes into play before the twelve-year statute of repose becomes relevant. The age of the product at the time of death affects the case strategy and evidence needed to prove the defect caused the death despite the product’s age, wear, or condition.
Do all defective product wrongful death cases involve recalls?
No, the vast majority of defective product wrongful death cases involve products that were never recalled, and the absence of a recall does not prevent you from pursuing a claim or indicate that your case lacks merit. Manufacturers issue recalls for only a small fraction of defective products in the marketplace, often only after multiple incidents, regulatory pressure, or significant publicity forces their hand.
Many companies resist recalls because they are expensive, damage brand reputation, and create evidence that can be used against them in lawsuits. Some defects affect only certain manufacturing batches or specific units rather than entire product lines, making recalls less likely. Other times, manufacturers dispute whether a problem constitutes a defect warranting a recall, or they issue quiet fixes for newer models without recalling older dangerous versions. Your wrongful death claim does not depend on whether a recall was issued. The case rests on proving through expert testimony and evidence that the product was defective, that this defect made it unreasonably dangerous, and that the defect caused your loved one’s death. A recall simply makes proving these elements easier by providing the manufacturer’s own acknowledgment of a problem. Without a recall, our attorneys build the case through independent expert analysis, evidence of similar incidents, internal company documents obtained through discovery, and testimony about industry standards the product failed to meet.
How much is a wrongful death case worth when a defective product caused the death?
The value of each wrongful death case depends on numerous factors specific to your family’s circumstances, making it impossible to provide a standard amount without thoroughly evaluating your case. However, defective product wrongful death claims often result in substantial compensation because they involve multiple types of recoverable damages and because juries tend to award significant amounts when corporate negligence or reckless disregard for safety caused a preventable death.
Economic damages are calculated based on concrete financial losses including all medical expenses related to treating the fatal injury, funeral and burial costs, and the lost financial support your loved one would have provided over their expected lifetime. Lost financial support calculations consider the deceased’s age, health, earning capacity, employment history, benefits provided to the family, and probable work-life expectancy. A young person with decades of earning potential who supported a family creates a higher economic damage calculation than someone near retirement. Non-economic damages compensate for the loss of love, companionship, guidance, and emotional support the deceased provided to surviving family members. These damages have no precise monetary equivalent, but juries consider factors like the closeness of family relationships, the deceased’s role in the family, the emotional impact on survivors, and how the loss has altered the family’s life. Arizona does not cap non-economic damages in product liability cases, allowing juries to award amounts they deem appropriate. Punitive damages may be available when evidence shows the manufacturer knew about the danger and consciously disregarded consumer safety. These damages can multiply the total recovery significantly and serve to punish egregious corporate conduct.
Contact a Glendale Defective Product Wrongful Death Lawyer Today
If your family member died due to a defective product in Glendale, you deserve answers, accountability, and the financial resources to move forward after such a devastating loss. Life Justice Law Group is committed to pursuing justice for families harmed by dangerous products and holding negligent corporations responsible for the deaths they cause. Our experienced attorneys understand the complex intersection of wrongful death law and product liability, and we have the resources to take on large manufacturers and their insurance companies.
We handle all defective product wrongful death cases on a contingency fee basis, meaning your family pays no attorney fees unless we recover compensation for you. This arrangement ensures every family has access to experienced legal representation regardless of their financial situation. We also advance all case expenses including expert witness fees, investigation costs, and court filing fees, so you never face out-of-pocket costs while pursuing justice. Contact Life Justice Law Group today at (480) 378-8088 for a free, confidential consultation about your case. Our compassionate legal team is ready to answer your questions, explain your rights, and begin fighting for the compensation your family deserves.