What type of proof do I need to establish a defect in a product?
In Washington, defective product law requires the consumer to prove that the product was not as safe as a reasonably prudent consumer would expect it to be when used in an intended or reasonably foreseeable manner. To establish a defect in a product, the consumer must have proof that the product was defective in design, manufacture, and/or labeling. In terms of design defect, the consumer will have to provide evidence that the product did not meet the objective standard of safety that would be expected of a reasonably prudent person. This proof will include evidence that the product was designed in a way that caused the defect that harmed the consumer. For a manufacturing defect, the consumer must present proof that the product was negligently made, meaning the manufacturer did not take the appropriate steps to ensure the product was safe. This can include evidence that the product was improperly assembled or that the supplier used faulty parts. Finally, for a labelling defect, the consumer must prove that the product was not provided with adequate warnings about any potential risks. This will involve evidence that the manufacturer failed to provide warnings about the potential risks associated with the product. In conclusion, to establish a defect in a product, the consumer must have evidence that the product was either defectively designed, manufactured, or labelled. This proof can include evidence of the objective standard of safety that would be expected of a reasonably prudent person, evidence that the product was negligently made or used faulty parts, and evidence that the manufacturer failed to provide proper warnings about potential risks associated with the product.
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