What are the different types of product liability claims?

Product liability claims are legal claims which arise when a product is unsafe or causes harm to the user. In Washington, product liability claims can be grouped into three categories: design defects, manufacturing defects, and failure to warn/inadequate instructions. Design defect claims occur when the product’s design makes it inherently hazardous or unsafe. This type of claim focuses on the concept that the design itself is dangerous. Manufacturing defect claims occur when the product itself is safe, but a manufacturing error causes the product to become dangerous. This type of claim focuses on the concept that the product was altered after it was designed to become hazardous. Failure to warn/inadequate instructions claims occur when a product is safe to use, but the user is not adequately informed of the potential risks and hazards associated with the product. This type of claim focuses on the concept that the manufacturer/seller failed to give appropriate warnings or instructions on how to safely use the product. In order to make a successful claim, the plaintiff must be able to prove that the product was defective when it left the manufacturer/seller’s possession, and that the defect caused the plaintiff’s injuries or damages. A plaintiff bringing a product liability claim in Washington must show that the product did not operate as it was expected to, either because of a flaw in design or because of a faulty manufacturing process.

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