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

Yes, there are a few defenses available to a product user if they are facing a defective products case in Washington. Depending on the specifics of the case, a product user may claim that they have assumed risk or have limited duty of care. Assumption of risk is when the product user has taken into account that the product may have a known risk or danger and has agreed to use the product regardless. Limited duty of care is when the product user can demonstrate that they used the product within the normal use of the product and proceeded with reasonable caution. Additionally, product users may also rely on the defense of implied warranty and express warranty. Implied warranty is when a product has a warranty that is not explicitly written in the contract, but rather is something that is assumed as part of the sale. Express warranty is when a product has a warranty that is written in the contract. If a product user can prove that there was a breach in either of these warranties, then they may be able to successfully defend themselves in a defective products case. Finally, product users may also be able to prove that the product was modified in a way that would cause it to become dangerous or that the product was not used as it was intended. If the product user can provide evidence that these are the case, then they may be able to successfully defend themselves in a defective products case.

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

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