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

A “contributory negligence” defense to a product liability claim in Washington is a legal defense that can be used by a product manufacturer or seller. It provisionally lays the fault of any damages onto the injured party in a product liability claim. The defense is usually used to try to reduce or eliminate the manufacturer’s liability by showing that the injured person’s own negligence contributed to their injury. For example, if a person purchased a product and failed to use it according to the manufacturer’s instructions, the manufacturer could argue that the user’s negligence contributed to the injury and thus, they should not be held liable. In Washington, a person can be found contributorily negligent if they are more than 50% responsible for their own injury. This means that, even if the defendant shows that the plaintiff was partially at fault, the plaintiff may still be able to recover damages. In Washington, contributory negligence can be used as a complete defense or a partial defense in product liability claims. However, the defense is not available in strict liability claims, which do not require fault in order for a plaintiff to receive damages. In summary, contributory negligence is a legal defense that can be used by product manufacturers or sellers in Washington to try to reduce or eliminate their liability for damages. The defense is not available in strict liability claims but can be used as a complete or partial defense for other product liability claims.

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

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