How is causation established in a defective products case?
In Washington, causation is established in a defective products case when a plaintiff is able to provide evidence that the product’s defect was the cause of their injury. To do this, the plaintiff must demonstrate that the product was defective and how that defect caused their injury. This requires proving that the product was in some way faulty and that it directly caused the injury. Generally speaking, defective product cases will involve three key aspects of causation. The first is that the plaintiff must show that the manufacturer sold a product that was either dangerous or defective and that it caused them harm. The second is that the plaintiff must show that the manufacturer knew or should have known of this dangerous or defective product. The third is that the plaintiff must demonstrate that it was the defect in the product that directly caused the plaintiff’s injury. In order to prove causation, the plaintiff will need to provide evidence that the product was defective and that the defect caused their injury. This can typically require the testimony of expert witnesses, physical evidence, documents, and scientific evidence. It is also important to note that the plaintiff must show that the defect was present at the time that the product left the manufacturer or was put into distribution. Failure to do so can jeopardize a plaintiff’s case.
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