What is a “state of the art” defense in defective products law?

A “state of the art” defense in defective products law in Washington is a legal argument made by the defendant (the product manufacturer or distributor) that the product was not defective at the time it was released, due to the state of technology used to make it. Essentially, the defendant asserts that any harm caused by the product was not due to a defective design, but rather due to the limitations of current technology. In order for the defense to be successful, the defendant must prove that at the time of release, the product was created to the same level of safety as other products of its kind, and that the same limitations existed regardless of which manufacturer had created the product. It must also be the case that safety precautions were taken that were consistent with the state of the art in use at the time the product was released. For example, if a company manufactured a car in the 1990s that had been designed without side-impact airbags, the defendant could use a “state of the art” defense to argue that side-impact airbags were not a requirement at the time the car was made, and thus the defect resulting in an accident was due to the limitations of technology at the time, not the car’s design. The “state of the art” defense is not always successful, as it is up to the courts to decide whether the defendant reasonably complied with the state of technology and safety precautions of the time. However, the defense can be helpful for those who have been accused of producing a defective product.

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What is a “state of the art” defense in defective products law?

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