Are there any defenses available against a defective products claim?

In Washington, there are several potential defenses that a defendant may be able to use to combat a defective products claim. The most common defense is the “Assumption of the Risk” defense. This defense asserts that the plaintiff knew or should have known that the product was defective and used it anyway, thus waiving any liability on the part of the defendant. The defendant may also attempt to argue that the product was not used as intended or that the product was altered in some way before the damage occurred. Additionally, if the product was damaged by an outside force beyond the defendant’s control, the defendant may be able to argue that the product was damaged before it was sold and thus the defendant is not liable. If the product was made to order, the defendant may attempt the “Made to Order” defense. This involves claiming that the product was specifically ordered to meet the plaintiff’s exact specifications and that any defect was due to the plaintiff’s specifications. Lastly, the defendant may attempt to establish that the plaintiff acted in a way that was negligent and caused the damage, thus relieving the defendant of responsibility. Each defense may be applicable in different cases, and a defendant should carefully consider the applicable facts to determine which defense may be the most applicable in a particular case.

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Are there any defenses available against a defective products claim?

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