Personal Injury

Product Liability

Products Liability

 

Washington law protects people from injuries caused by dangerous and defective products. Whether you suffered injuries from a defect as a result of the manner in which the product was constructed (a “construction” defect), a defect in the design of the product (a “design” defect), or a warning/instruction defect, our lawyers have successfully held manufacturers and product sellers accountable for injuries caused by products. If you suffered an injury as a result of a defective or dangerous product, contact our office for a free consultation.

Washington Law

Washington Product Liability law is codified by statute in Washington’s Product Liability Act, RCW 7.72 et seq.

Design Claims:

A product is not reasonably safe as designed, if, at the time of manufacture, the likelihood that the product would cause the claimant’s harm or similar harms, and the seriousness of those harms, outweighed the burden on the manufacturer to design a product that would have prevented those harms and the adverse effect that an alternative design that was practical and feasible would have on the usefulness of the product.

Warnings or Instruction Claims:

A product is not reasonably safe because adequate warnings or instructions were not provided with the product, if, at the time of manufacture, the likelihood that the product would cause the claimant’s harm or similar harms, and the seriousness of those harms, rendered the warnings or instructions of the manufacturer inadequate and the manufacturer could have provided the warnings or instructions which the claimant alleges would have been adequate.

Warnings or Instructions (Post-Manufacture):

A product is not reasonably safe because adequate warnings or instructions were not provided after the product was manufactured where a manufacturer learned or where a reasonably prudent manufacturer should have learned about a danger connected with the product after it was manufactured. In such a case, the manufacturer is under a duty to act with regard to issuing warnings or instructions concerning the danger in the manner that a reasonably prudent manufacturer would act in the same or similar circumstances. This duty is satisfied if the manufacturer exercises reasonable care to inform product users.

Defective Construction Claims:

A product manufacturer is subject to strict liability to a claimant if the claimant’s harm was proximately caused by the fact that the product was not reasonably safe in construction or not reasonably safe because it did not conform to the manufacturer’s express warranty or to the implied warranties under Title 62A RCW.

  1. A product is not reasonably safe in construction if, when the product left the control of the manufacturer, the product deviated in some material way from the design specifications or performance standards of the manufacturer, or deviated in some material way from otherwise identical units of the same product line.
  2. A product does not conform to the express warranty of the manufacturer if it is made part of the basis of the bargain and relates to a material fact or facts concerning the product and the express warranty proved to be untrue.
  3. Whether or not a product conforms to an implied warranty created under Title 62A RCW shall be determined under that title.

Ordinary Consumer Test:

In determining whether a product was not reasonably safe under Washington law, the trier of fact shall consider whether the product was unsafe to an extent beyond that which would be contemplated by the ordinary consumer.

 

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