What theories of liability are available in medical device injury cases?

In medical device injury cases in Washington, there are several theories of liability available. Negligence is the most common theory of liability, which holds an individual responsible for an injury that results from a failure to exercise reasonable care. Strict Liability holds a manufacturer liable for an injury caused by their product even if they took all reasonable steps to make sure that the product was safe. Breach of Warranty covers injuries caused when a product fails to meet product performance expectations. This might include a product that was defective or malfunctioned as a result of a manufacturing or design defect. Finally, Negligence per se is a theory of liability that applies if someone violates a law or regulation and causes injury as a result. In medical device injury cases in Washington, the court will consider all of these theories of liability. The most important factor will be determining what caused the injury and if any of the theories of liability apply. A knowledgeable attorney can carefully examine all evidence to determine which theory of liability is most likely to be successful in any given case.

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What theories of liability are available in medical device injury cases?

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