What is a “failure to repair” defense to a product liability claim?

In Arizona, a “failure to repair” defense to a product liability claim is based on the legal principle that the seller or manufacturer of a product may not be held liable for damages in the event that the defect or danger in the product was caused by a lack of timely repair or maintenance. This means that if the safety of the product depended on regular maintenance, the seller or manufacturer of the product could only be liable for damages if the lack of maintenance was the cause of the defect. For example, if a customer purchases a piece of machinery from a manufacturer and is injured when using the machinery due to a malfunction, the manufacturer could not be held liable for the injury if that malfunction was caused by lack of timely maintenance by the customer. This is because the customer had a duty to use reasonable care in the maintenance of the product and the plaintiff failed to do so. Thus, the “failure to repair” defense to a product liability claim is an important safeguard for sellers and manufacturers of products to protect them from liability when they cannot be held responsible for the defective product. The defense does not, however, provide a full and complete defense in the event of a breach of express warranty or a defect in a product due to a manufacturing or design defect.

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What is a “failure to repair” defense to a product liability claim?

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