What is a “failure to inspect” defense to a product liability claim?

In Washington, a “failure to inspect” defense to a product liability claim is a legal argument that a person or company cannot be held liable for a dangerous product if they did not inspect the product for defects prior to its sale. Essentially, this defense argues that a person or company did not have the opportunity to discover a defect in the product and therefore cannot be held legally responsible for damages caused by the product. The “failure to inspect” defense is usually used in product liability claims when the defendant can demonstrate that the product was manufactured, tested, or inspected by a third party and the defendant had no involvement in the process. This defense is often relied upon by companies or individuals who retail or distribute products manufactured or sold by another entity, such as retail stores, wholesalers, and distributors. In order for the “failure to inspect” defense to be successful, the defendant must demonstrate that they had no reason to believe that the product was dangerous or defective. If a company has a record of past product defects or is found to have known of a defect, then the defendant will likely not be able to rely on the “failure to inspect” defense in a product liability claim. Similarly, if a company does not have a system in place for regularly inspecting products for potential defects, their “failure to inspect” defense will likely be unsuccessful.

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What is a “failure to inspect” defense to a product liability claim?

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