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

Yes, a product manufacturer can use certain defenses in a defective products case. In Washington, the law provides defenses to product manufacturers who are sued for damages due to a defective product. Generally, a manufacturer can assert that their product either conformed to an express warranty, which is an agreement that the product was made in accordance with the customer’s specifications, or that the product was in a merchantable condition when it was released into the market. The manufacturer might also be able to assert that the plaintiff contributed to their own damages. This is known as contributory negligence, and it assumes that the defendant was responsible for their own injuries due to their own negligence. For example, if a plaintiff used a product improperly and caused damage to themselves, the manufacturer may be able to assert that the plaintiff was negligent. Finally, the defendant may also be able to assert that the plaintiff did not give them proper notice of the defect. The plaintiff should provide the manufacturer with sufficient notice that the product is defective, otherwise the manufacturer cannot adequately respond to the lawsuit. In conclusion, a product manufacturer in Washington has certain defenses available to them when faced with a defective product claim. These can include asserting that the product conformed to an express warranty, that the plaintiff was contributorily negligent in causing their own injuries, or that the plaintiff failed to provide them with proper notice of the defect.

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