What is the burden of proof in a product liability case?

In the state of Washington, the burden of proof in a product liability case is on the plaintiff, or the party bringing the case. Essentially, the plaintiff must prove that the product was defective, that the defect caused their injury, and that the injury resulted in damages. The plaintiff must show that the product did not function as it should, either because it had a defect in its design or in its manufacture, or because the manufacturer failed to give adequate warnings of potential risks associated with its use. The plaintiff must also show that there was a direct link between the defect or lack of warning and the injury they suffered. This means that the plaintiff must prove that the injury would not have occurred had the defect not been present. Additionally, the plaintiff must show that they actually suffered damages as a result of the injury. This could be a physical injury, pain and suffering, and/or economic losses such as medical expenses, loss of wages, or property damage. The plaintiff needs to be able to prove the severity of the injury and the amount of the damages suffered. Finally, the plaintiff must prove that they were not at fault in any way. This is important since the defendant may try to claim that the plaintiff’s own actions caused or contributed to their injury. In conclusion, the burden of proof in Washington for a product liability case is placed on the plaintiff. In order to obtain a successful outcome, the plaintiff must be able to prove that the product was defective, that the defect caused their injury, and that the injury resulted in damages.

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