What are the common defenses used in a Paraquat lawsuit?

In Washington, common defenses used in Paraquat lawsuits may include proving that the plaintiff’s exposure to the chemical was too far removed from the use of the chemical to be blamed for any illness. Other defenses may include showing that the plaintiff had a pre-existing medical condition, or proof of the manufacturer’s adherence to all state and federal regulations regarding the proper use and labeling of the chemical. Additionally, a manufacturer may argue that the plaintiff did not take the required precautions to protect themselves or those around them from Paraquat. This could include failing to wear protective gear such as face masks, safety glasses, and respirators when working with the chemical. The manufacturer might also argue that a warning label was clearly present and that the plaintiff was well aware of the risks associated with the chemical. Finally, the defendant may offer evidence that the plaintiff assumed the risk of any harm they suffered by using the product. This means that they voluntarily accepted the risk associated with using Paraquat and now cannot seek compensation from the manufacturer. This argument is typically difficult to prove, however, the defendant may provide evidence that suggests that the plaintiff was aware of the risks when purchasing the chemical.

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What are the common defenses used in a Paraquat lawsuit?

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