What is the burden of proof for a defective products claim?

The burden of proof for a defective products claim in Washington depends on the situation. Generally, the consumer must prove that the product was indeed defective, that the product caused harm, and that the consumer was actually using the product for its intended purpose. Washington consumer protection law also states that the consumer does not need to prove negligence or fault on the part of the manufacturer to have a valid claim. The consumer only needs to show that the product failed to perform as advertised or as expected. Thus, the consumer may only be required to show that the product was insufficient in some way and that it caused harm. Furthermore, Washington law states that if a consumer shows that a product was defective, then the burden of proof shifts to the manufacturer. The manufacturer must then prove that the product performed as safely as possible. This means that the manufacturer must prove that the product was not defective and that the consumer was not using the product as intended. Ultimately, the burden of proof for a defective products claim in Washington can be tricky, as the consumer and manufacturer may disagree on how the product was used or how it failed. However, it is important to remember that the consumer still holds the burden of proof and so must prove that there was indeed a defect and that it caused some form of harm.

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What is the burden of proof for a defective products claim?

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