Arizona Laws 12-683. Affirmative defenses
In any product liability action, a defendant shall not be liable if the defendant proves that any of the following applies:
Terms Used In Arizona Laws 12-683
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Food product: means any product that is grown, prepared, provided, served or sold and that is primarily intended for human consumption and nourishment. See Arizona Laws 12-681
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Product: means the individual product or any component part of the product that is the subject of a product liability action. See Arizona Laws 12-681
- State of the art: means the technical, mechanical and scientific knowledge of manufacturing, designing, testing or labeling the same or similar products that was in existence and reasonably feasible for use at the time of manufacture. See Arizona Laws 12-681
1. The defect in the product is alleged to result from inadequate design or fabrication, and if the plans or designs for the product or the methods and techniques of manufacturing, inspecting, testing and labeling the product conformed with the state of the art at the time the product was first sold by the defendant.
2. The proximate cause of the incident giving rise to the action was an alteration or modification of the product that was not reasonably foreseeable, made by a person other than the defendant and subsequent to the time the product was first sold by the defendant.
3. The proximate cause of the incident giving rise to the action was a use or consumption of the product that was for a purpose, in a manner or in an activity other than that which was reasonably foreseeable or was contrary to any express and adequate instructions or warnings appearing on or attached to the product or on its original container or wrapping, if the intended consumer knew or with the exercise of reasonable and diligent care should have known of such instructions or warnings.
4. The proximate cause of the incident or incidents giving rise to the action was the repeated consumption of a food product that is not defective and unreasonably dangerous if consumed in reasonable quantities.