What is a “comparative negligence” defense to a product liability claim?

Comparative negligence is a type of defense used in product liability claims in Washington. It is a way of assessing responsibility for the harm or injury caused by a product. The comparative negligence defense establishes that both parties (the injured person and the defendant) share some responsibility for the harm caused. To use the comparative negligence defense, the defendant must prove that the injured party was at least partially responsible for the harm caused by the product. This means that the defendant must be able to demonstrate that the injured party was either careless or negligent in the use of the product. For example, if an individual is injured by a defective product, the defendant could argue that the injury was caused by the defective product, but that the individual was also at least partially negligent in their use of the product. The defendant could then argue that their negligence should reduce the amount of damages that the injured party can recover. If the court finds that the injured person was comparatively negligent, their damages may be reduced according to their degree of fault. For instance, if the injured party was found to be 20% at fault, they could potentially only recover 80% of their damages. Ultimately, comparative negligence is an important defense to consider in product liability claims in Washington. It serves as a way to determine fault and assign responsibility for the harm caused by defective products.

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What is a “comparative negligence” defense to a product liability claim?

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