What This Statute Says
This section sets the deadline for product liability actions, defined by reference to A.R.S. 12-681. The ordinary limitations period is the two years in A.R.S. 12-542, but the section adds a twelve-year statute of repose measured from when the product first entered use.
A product liability action as defined in section 12-681 shall be commenced and prosecuted within the period prescribed in section 12-542, except that no product liability action may be commenced and prosecuted if the cause of action accrues more than twelve years after the product was first sold for use or consumption, unless the cause of action is based upon the negligence of the manufacturer or seller or a breach of an express warranty provided by the manufacturer or seller.
A.R.S. § 12-551When This Statute Comes Into Play
Common situations:
- An estate asserts a wrongful death product liability claim within two years of the death.
- A consumer injured by an older product evaluates whether the twelve-year repose period has expired.
- A family business confronts a product claim involving equipment in use for many years.
What This Means for Arizona Families
Statutes of repose are different from ordinary limitations periods. A repose period can end a claim before the injured person is even hurt. This section's twelve-year cap on product liability is a hard outer limit that does not bend for discovery or tolling.
If a loved one died or was seriously injured from a consumer or industrial product, the personal representative usually has the standing to pursue the wrongful death or survival claim. Our FAQ on starting probate after death in Arizona covers the related practical steps. The two-year deadline runs from the date of death or injury, and the twelve-year repose period runs from first use of the product. Beyond twelve years, the claim is generally dead regardless of when the harm occurred. An Arizona probate or personal injury attorney can quickly evaluate both deadlines. Pairing the product claim with any fiduciary duty theory the estate may have ensures the family explores every avenue.