What are the defenses available to a manufacturer in a defective products case?
In Washington, there are three main defenses available to a manufacturer in a defective products case. The first defense is that of “faulty design warning or instructions” which states that the manufacturer acted properly in providing adequate warnings and instructions regarding potential risks when using the product. This defense states that if the user failed to follow the provided instructions and ended up being injured, then the manufacturer should not be held liable for the injury. The second defense is that of “contribution of fault”, which states that if there was some other factor that contributed to the injury then the manufacturer should not be held liable. This means that if the user, for example, misused the product in some way, then the manufacturer should not be held responsible for the injury that resulted. The final defense is that of “superseding cause”, which states that if an event unrelated to the manufacturer’s product ended up being the actual cause of the injury, then the manufacturer should not be held liable. For example, if some other object or natural event caused the injury, then the manufacturer should not be held liable for the injury. These are the three main defenses available to a manufacturer in a defective products case in Washington. Each defense has its own unique nuances and it is important to understand each one in order to adequately defend a manufacturer from liability in a defective products case.
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