What is an “implied warranty” defense to a product liability claim?
An implied warranty defense to a product liability claim is a type of legal defense that a manufacturer of a dangerous product can use in Washington. An implied warranty defense is an argument that a manufacturer makes in order to avoid liability for any harm caused by its product. In essence, the manufacturer is asserting that the product conforms to certain basic expectations. For example, a manufacturer might make the argument that its product was designed and manufactured in accordance with industry standards. The manufacturer is essentially relying on the customer’s implied reliance that the product is safe for use as intended. The fact that the product is dangerous does not necessarily prevent it from being safe when used correctly. Additionally, manufacturers can also argue that they provided adequate warning labels or manuals that were easily accessible to the customer. The customer may have not read or understood the warnings, thus failing to take proper precautions. This factor may be considered when determining the manufacturer’s liability. The law in Washington holds a manufacturer responsible for its products when they are not safe for use as intended. An implied warranty defense can be helpful in determining a manufacturer’s liability in product liability cases. However, courts will ultimately consider all of the facts in a case before determining liability.
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