What are the different types of product liability defenses?
Product liability defenses are legal strategies used by manufacturers, sellers, and distributors of dangerous products to avoid responsibility and damages for harm caused. In Washington, there are typically four types of product liability defenses: 1. The "Unavoidably Unsafe" Defense – This defense argues that the product, while it may have caused harm, was designed in such a way that it was impossible to make the product safer without compromising its intended use. 2. The Inadequate Warnings Defense – This strategy claims that although the product might have been dangerous, the manufacturer, seller, or distributor provided adequate warning about the product’s risks. 3. The Misuse Defense – This is a common defense in product liability cases, and it claims that the product being sold was used in an unintended and unsafe manner. 4. The Assumption of Risk Defense – This defense suggests that the consumer was aware of the product’s risks and assumed responsibility for any potential harm they may cause. It’s also important to note that some states, including Washington, may allow for additional defenses not mentioned here. For instance, Washington has the “Presumption of Manufacturer Negligence” defense, which states that the consumer does not have to prove that the manufacturer was negligent in order for liability to be imposed. Overall, product liability defenses are used to protect manufacturers, sellers, and distributors from being held liable for harm caused by the products they make and sell. Consumers should be aware of these defenses in order to better protect their rights should they be involved in a product liability case.
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