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

A “failure to repair” defense to a product liability claim is when a defendant—typically a manufacturer or seller of a product—asserts that the plaintiff—the person who is suing—did not properly repair the product after it had been damaged or malfunctioned. This defense is often used in Washington state, and it requires the defendant to prove that the plaintiff failed to repair the product after they had notice that it was defective or malfunctioning. Essentially, the “failure to repair” defense is when the defendant claims that the plaintiff can’t hold them liable for any injury or damages that were caused by the product because the plaintiff did not properly repair or maintain it after they had received notice that it was defective or malfunctioning. The defendant then has to prove that the plaintiff should have repaired or maintained the product and that this failure caused the injury or damage. The “failure to repair” defense can be successful when the defendant can demonstrate that the injury or damage was caused by the plaintiff’s failure to repair or maintain the product and not by a defect in the product itself. If the defendant is successful in their defense, then the plaintiff cannot recover any damages from them. Ultimately, the “failure to repair” defense is used to impose a higher responsibility on the plaintiff if they choose to rely on a defective product. This defense ensures that people who choose to keep products that have been known to cause harm or damage are held liable if they do not take proper steps to maintain the product.

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

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