What are the defenses to a product liability claim?

In Washington, a defense to a product liability claim can involve the concept of comparative negligence. This means that if the person bringing the claim had some level of fault in the incident that caused the injury or death, then they will not be able to recover the full amount of damages that they would have been entitled to without any fault on their part. In addition, some defendants may be able to raise an affirmative defense, which is where they can prove to the court that they were not negligent and the injury was not their fault. This may be due to the fact that the product was not defective, or that the product was used in a way for which it was not intended. Similarly, they may be able to prove that the product did not include any warning labels, which could have prevented the injury or death. In terms of injury, it may be possible to prove that the plaintiff did not use the product correctly. Lastly, a statute of limitations may apply; however, this varies on a state-by-state basis. In Washington, the statute of limitations generally runs from the date of the injury or death, but check the statute of limitations in the relevant state to be certain.

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What are the defenses to a product liability claim?

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