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Comparative Fault Applicable
The principles of comparative fault are applicable to a chain of distribution case of an allegedly defective product under the Arizona Revised Statutes. State Farm Insurance Companies v. Premier Manufactured Systems, Inc., 142 P.3d 1232, Aug. 29, 2006.
An insured of the plaintiff returned from vacation to find that a filtration system connected to a pipe under a sink had burst and had caused damage to his home and property. The filtration system was packaged and sold by defendant Premier Manufactured Systems and Worldwide Distributing LTD. State Farm paid its insured $19,270.86 for damages caused by the leak and then filed a strict product liability lawsuit against Premier and Worldwide to recover the amount it had paid to the insured. By the time the lawsuit was commenced, Worldwide had become defunct, failed to answer the complaint, and the court entered a default judgment against it. Premier answered, denied liability, and affirmatively alleged that the trier of fact would be required to determine the relative degree of fault of all parties.
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