Lara Law Firm, PLLC
177 N. Church Ave., Ste. 909
Tucson, AZ 85701
Tel:  (520) 577-0707
Fax: (520) 577-0709
EMAIL US
Tucson Law Office Map

Tel: (520) 577-0707
177 N. Church Ave., Ste. 909
Tucson, AZ 85701

Contributory Negligence in Products Liability



Standard under Arizona Law

Contributory negligence of the plaintiff is not a defense when such negligence consists merely in a failure to discover the defect in the product, or to guard against the possibility of its existence. 

On the other hand the form of contributory negligence which consists in voluntarily and unreasonably proceeding to encounter a known danger, and commonly passes under the name of assumption of risk, is a defense as in other cases of strict liability.

If the user or consumer discovers the defect and is aware of the danger, and nevertheless proceeds unreasonably to make use of the product and is injured by it, he is barred from recovery.

> CONTACT US
> PRACTICE AREAS

Home    |    Firm Overview    |    Practice Areas    |    Attorney Profile    |    Resources    |    Contact Us