What are the requirements to prove a manufacturer is liable for an injury caused by a defective product?
In the state of Washington, there are certain requirements that must be met in order to prove that a manufacturer is liable for an injury caused by a defective product. The injured consumer must be able to prove that the product was defective when it left the manufacturer’s control. This means that the consumer must prove that the defect was present when the product was manufactured, that it was not caused by use or misuse, or by any modifications after leaving the manufacturer’s control. The consumer must also prove that the defect was a direct cause of the injury suffered. This means that the consumer must prove that the injury would not have occurred but for the defective product. Furthermore, the consumer must show that they were using the product as it was intended to be used and that the product was in a condition that was not substantially altered from its original condition. The consumer must also be able to show that they suffered damages or losses because of the injury. This may include physical injuries, medical expenses, lost wages, pain and suffering, and other damages. The consumer may be able to recover damages for these losses through a products liability claim against the manufacturer. Finally, the consumer must also be able to prove that the manufacturer had a duty of care to design and manufacture the product in a safe manner that was suitable for its intended use. If the manufacturer failed to adequately uphold this duty of care, the consumer may have grounds for a claim.
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