What are the defenses to a negligence product liability claim?

In Washington, the defenses to a negligence product liability claim can be complicated. Generally speaking, the defendant will need to show that the product was not defective when it left their control, that the product was labeled properly and contained adequate instructions, and that the plaintiff was aware of any risk associated with the product. The first defense is a lack of defect. This is known as “marketed in its condition”, which means that the defendant can show that the product was not defective when it left their control. This means that the defendant did not do anything to make the product more dangerous than it should have been. The second defense is proper labeling. This means that the defendant provided adequate warning labels and instructions for proper use of the product. The reason for this defense is that the consumer should have been aware of any risk associated with the product. The third defense is consumer awareness. This means that the consumer was aware of any risks that may be associated with the product. The consumer must have known of any potential danger and chose to use it despite that knowledge. In Washington, these defenses can be difficult to establish. Ultimately, the defendant must prove that they were not negligent in creating a defective product, that it was properly labeled, and that the consumer was aware of any potential danger. If these things can be proven, then a negligence product liability claim can possibly be avoided.

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What are the defenses to a negligence product liability claim?

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