What types of proof are required to establish a product liability claim?

In Washington, a plaintiff must prove several elements in order to establish a product liability claim. The first element that must be proved is that the product was defective. In Washington, the defect must be shown to have occurred at the time of manufacture or design. Generally, this is done by presenting evidence that the product failed to perform as expected or was not safe when used in a reasonably foreseeable way. The second element that must be proved is that the defect was the cause of the injury that the plaintiff suffered. This element requires the plaintiff to show that the injury was the result of the defect, rather than a result of an external factor. The third element that must be proved is that the plaintiff was damaged by the product. This element usually centers on the nature and extent of the plaintiff’s injury. This element requires the plaintiff to show that they suffered some type of monetary or physical harm due to the product defect. Finally, the plaintiff must show that they had a relationship with the product. This element is considered to be the basic requirement in any product liability case. The plaintiff must show that they were a purchaser, user, or recipient of the product at the time the injury occurred. In Washington, these four elements must be satisfied in order to establish a product liability claim. The plaintiff must provide evidence to support each of these elements in order to be successful in their claim. If any of these elements are not proven, the plaintiff’s claim will not stand up in court.

Related FAQs

How does product liability law work?
What level of responsibility do manufacturers have for the safety of their products?
How is a company’s financial responsibility determined in a product liability case?
What liability do sellers have for products they provide?
What is a “breach of implied warranty” of product safety?
What are the elements of a design defect claim?
Are manufacturers strictly liable for defective products?
How does a company determine if a product design is safe?
How does a product liability claim arise due to a design defect?
What is a “consumer expectation” test?

What types of proof are required to establish a product liability claim?

Related FAQs

Related Blog Posts