What are the components of a successful product liability claim?
A successful product liability claim in Washington involves three key components. First, the plaintiff must prove that the product had a defect when it was manufactured or assembled. This may involve proving that the manufacturer or seller did not use reasonable care to produce a safe product, or that the product was made with a defect that could have been avoided or detected with reasonable care. Second, the plaintiff must prove that the product was used in the way it was intended to be used. Third, the plaintiff must prove that the defect or improper use caused their injury. In addition, the plaintiff must show that they were injured directly by the product’s defective or improper use. This means proving that the product’s defect or improper use was the direct cause of the plaintiff’s harm. Furthermore, the plaintiff must also show that their injury was the result of relying on the product’s defective or improper use. Lastly, the plaintiff must prove that they suffered harm as a direct result of the product’s defect or improper use. This could include medical costs, lost wages, and pain and suffering. If a plaintiff can prove all of these elements, they will likely have a successful product liability claim in Washington.
Related FAQs
Are manufacturers strictly liable for defective products?What is the “consumer expectation test”?
Are there any restrictions on the types of damages that can be awarded in a product liability case?
What is a “foreign object defense”?
What is a “warning defect”?
What level of responsibility do manufacturers have for the safety of their products?
What are the differences between a design defect, manufacturing defect, and warning defect claim?
What factors do courts consider when determining whether a product is defective?
What remedies are available to consumers when a product is found to be unreasonably dangerous?
What are the components of a successful product liability claim?
Related Blog Posts
Understanding the Basics of Products Liability Law - July 31, 2023What is a Breach of Warranty? - August 7, 2023
What is Strict Liability in Products Liability Law? - August 14, 2023
How Can You Establish a Products Liability Claim? - August 21, 2023
Common Defenses in Products Liability Cases - August 28, 2023