How does a court determine liability for a defective product?
When a court determines liability for a defective product, it considers whether the product is legally defective. In Washington, a product is legally defective when it is unreasonably dangerous to consumers and not fit to be sold. In other words, it must not operate as safely as an ordinary consumer would expect. To prove a product defective, the plaintiff must demonstrate that either the design of the product is defective, that a manufacturing defect caused the product to become defective, or that the product was not adequately labeled with a warning of its potential dangers. When the court finds a product to be legally defective, the court must then determine who bears the responsibility for the defect. This usually involves identifying the manufacturer, supplier, seller, or distributor of the product, and assigning liability to them. Manufacturers and sellers of defective products can be held responsible for any injuries and/or damages that resulted from the use of the product. They may also be responsible for medical expenses incurred by the consumer, as well as any lost wages. In some cases, punitive damages may also be assessed, depending on the circumstances. In Washington, any individual or company that manufactures, distributes, sells, or otherwise promotes a defective product may be held liable for any resulting injury or damage. It is up to the courts to determine which party is responsible and to assign the appropriate damages.
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