Are there any defenses available to a product manufacturer in a defective products case?

Yes, a product manufacturer may challenge a defective product claim brought against them. In the State of Washington, a product manufacturer may use a “state of the art” defense which states that the product was in compliance with the industry standards at the time of manufacture. This defense prevents a manufacturer from being held liable for providing a product that was not up to current standards. Additionally, if a plaintiff is able to show that the product was used in a manner not intended by the manufacturer, or if the product failed to perform in a manner expected by the consumer, then the manufacturer may be able to put forth an “assumption of risk” defense. This defense is based on the idea that the consumer knew or should have known of the risks associated with the product and took them anyway. The “unavoidably unsafe” doctrine can also be used by product manufacturers. This doctrine states that even when a product is manufactured correctly, the danger of its use cannot be completely eliminated. In this case, the manufacturer may be able to prove that the product was safe to use and that foreseeable risks were clearly outlined in the accompanying literature. Finally, it is worth noting that in Washington, product manufacturers will generally not be held liable if the defect in the product was caused by a third-party component. In cases such as these, the component manufacturer may bear a significant portion of the responsibility for the defective product.

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Are there any defenses available to a product manufacturer in a defective products case?

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