What are the elements of a “strict liability” defective products claim?
The elements of a “strict liability” defective product claim are the same in Washington as they are in other states. To establish a claim, you must be able to prove that the product was defective and that the defect caused you harm. The first element is that the product must have been defective when it left the manufacturer or seller. This means that the product must have had a structural or design defect or was not manufactured or put together correctly. You must also be able to prove that the defect was the cause of your injuries, rather than any other factor. The second element is that you must have suffered some sort of harm as a result of the product. This harm could be physical or financial in nature, and could include medical expenses, lost wages, pain and suffering, and other damages. The third element is that the product must have been used in the way it was intended to be used. This means that if you were using the product in an unintended way, or using it in an unsafe way, then you will not be able to collect damages. Finally, you must be able to prove that you were using the product as expected and that the defect was the cause of your injury. If you cannot prove this, then you will not be able to make a “strict liability” defective product claim.
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