Who is liable for a defective product?
In Washington, the party liable for a defective product is generally the manufacturer or seller of the product. The manufacturer or seller can be liable for damages even if the defect was caused by a third-party, such as a subcontractor or supplier. Under Washington’s product liability laws, the manufacturer or seller of a defective product could be held liable if: 1) the product was unreasonably dangerous, 2) the product was unreasonably unsafe due to a design or manufacturing defect, or 3) the product was sold without proper instructions. Depending on the circumstances, the manufacturer or seller could be liable for any damages caused by the defective product. In addition, Washington’s product liability laws allow for “strict liability.” This means that the manufacturer or seller is responsible for any damages caused by a defective product, even if the manufacturer or seller took all reasonable precautions to prevent the defect. In summary, in Washington, the manufacturer or seller of a defective product is primarily liable for any damages caused by the product. Under strict liability, the manufacturer or seller can be held responsible even if they have taken all reasonable precautions to prevent the defect.
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