What is the difference between product liability and medical device injury cases?

Product liability and medical device injury cases are both types of personal injury claims based on the premise that a manufacturer is liable for any damages caused by a product. Product liability cases typically involve the design, manufacturing, or marketing of a product that has caused physical injury or emotional distress to a consumer. Medical device injury cases, on the other hand, are usually a result of a malfunctioning medical device or a device that has been falsely advertised as being safe or effective when it is not. In product liability claims, the focus is on the product itself and how it was manufactured, marketed, or sold. The injured party will need to prove that the product was either defective or that the company failed to adequately warn consumers of any potential dangers. In medical device injury cases, the focus shifts to the medical device itself and how it has been used. The injured party will need to prove that the device had a malfunction that caused the injury, or that the company failed to adequately warn consumers about the risks associated with using the device. Both product liability and medical device injury cases can occur in Washington state. It is important to understand the differences between them when deciding what type of legal action to pursue. An experienced attorney can help you determine the best course of action to take in your particular case.

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