What are the elements of a “negligence” product liability claim?

A negligence product liability claim in the state of Washington is comprised of four main elements. First, the plaintiff needs to demonstrate that the defendant owed them a duty of care. This means they must show that the defendant had a specific responsibility to the plaintiff to create products that were reasonably safe and to warn of any potential unknown dangers of the product. Second, the plaintiff must show that the defendant breached this duty of care. This means that the plaintiff must demonstrate that the product was not made or sold with the standard amount of care or warning and that the product is unreasonably dangerous. Third, the plaintiff must show that their injury or loss was caused by the defendant’s breach of duty. This means that the plaintiff must show that their injury or losses were a direct result of the defendant’s actions or inactions. Fourth, the plaintiff must establish that they suffered damages as a result of the defendant’s negligence. This means that the plaintiff needs to prove that they sustained actual losses such as physical harm, medical bills, pain and suffering, or other economic damages. These four elements must be established in order for a plaintiff to seek relief through a negligence product liability claim in Washington. Assuming all these elements are met, a plaintiff can then pursue monetary damages as compensation for the suffered losses.

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What are the elements of a “negligence” product liability claim?

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