What is the liability of a seller or distributor of a product?

In Washington, sellers and distributors of dangerous products can be held both civilly and criminally liable for their actions. Civilly, a seller or distributor can be liable for negligence, strict liability, or breach of warranty. Negligence means that the seller or distributor failed to meet a duty of care to the consumer that resulted in harm. Strict liability means that the seller or distributor is liable regardless of fault or negligence. Finally, breach of warranty means that the seller or distributor made promises or assurances that the product would be safe or of a certain quality, but the product did not meet the promised standard. Criminal liability is more serious. A seller or distributor may be found guilty of criminal negligence if they fail to warn consumers of potential dangers, fail to recall a product that is known to be dangerous, or fail to provide necessary safety instructions. Under the Washington Consumer Product Safety Act, criminal negligence also includes selling or distributing a product that does not meet the safety standards of the United States Consumer Product Safety Commission. Penalties for criminal negligence can include fines and prison time. In short, sellers and distributors of dangerous products in Washington can be held liable both civilly and criminally if they fail to meet certain standards of care or safety. This can result in fines and even jail time, so it is important for sellers and distributors to be aware of their responsibilities.

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