Are there any defenses available to a product seller in a defective products case?
In Washington, a product seller may be liable for defective products law if they have sold an item with a defective design, manufacturing defect, or a failure to warn of potential risks associated with the product. However, a product seller may have some defenses available in a defective products case. The first defense a product seller may use is of “comparative fault.” This defense can be used to show that the plaintiff is partly responsible for their own injuries or damages. The seller must be able to show that the plaintiff acted in a negligent or reckless manner and that the plaintiff’s actions caused the damages. The second defense a product seller might use is of “contributory negligence.” This defense holds that the person injured is partially responsible for their own damages due to a failure to take reasonable precautions or to act in a reasonable manner when using the product. The third defense a product seller might use is of “assumption of risk.” This defense holds that the person injured assumed all risks associated with using the product. The product seller may attempt to show that the plaintiff was aware of the potential risks and dangers associated with using the product and that they still proceeded to use it. Finally, a product seller may also argue that their product was not defective at all. This defense may be used to show that the product was manufactured and labeled in accordance with government regulations. These are just a few of the defenses that a product seller may use in a defective products case in Washington. Ultimately, the success of a defense depends on the facts and circumstances of each particular case.
Related FAQs
What types of parties can be held liable for a defective product?Are there any defenses available to a product manufacturer in a defective products case?
What is the “risk-utility test” in defective products law?
What can I do if I think I have a valid claim against a manufacturer?
What are the legal requirements for a product to be considered “defective”?
Is there a statute of repose for defective products claims?
Who is liable for a defective product?
Is there a statute of limitations for defective products claims?
What are the elements of a “negligence” product liability claim?
What is the “consumer expectation test” in defective products law?
Related Blog Posts
What Every Consumer Must Know About Defective Products Law - July 31, 2023Understanding Your Rights: Defective Products Law Explained - August 7, 2023
What You Need to Know Before Filing a Defective Product Lawsuit - August 14, 2023
What to Do After Being Injured by a Defective Product - August 21, 2023
When to Seek Legal Representation for Defective Products Law Cases - August 28, 2023