Who is liable if I am injured on a bicycle due to a defective product?
In Arizona, the liability for a defective product causing an injury to a bicyclist depends on who manufactured and/or sold the product. If a bicycle or other product sold to the injured party was unsafe due to a design defect, manufacturing defect, or lack of warning, then the manufacturer can be liable for the resulting injury. If the manufacturer sold the product to a retailer, then the retailer may also be held liable for the injury. In order to prove that the product was defective, the injured party must prove that the product had a design defect that caused the injury, a manufacturing defect that caused the injury, or that there was a lack of a sufficient warning label. If it can be proven that the manufacturer knew or should have known about the defect and did not take steps to remedy the defect, then they may be held liable. Once the defect has been proven, the injured party must then prove that they were injured as a result of the defect. This means the injured party must show that if the product had not been defective, they would not have been injured. The injured party also must show that they incurred damages as a result of the injury, such as medical bills and lost wages. Once the defect and injury have been proven, the injured party may be eligible for damages awarded by a court. Depending on the circumstances, these damages may include medical bills, lost wages, pain and suffering, and other losses.
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