What is the burden of proof in product liability cases?

In Washington, product liability cases require a certain burden of proof be met in order for a plaintiff to prevail. The burden of proof in product liability cases is the same as any personal injury or negligence claim; the plaintiff must prove the defendant was negligent or failed to exercise reasonable care in designing, manufacturing, or marketing their product, which directly caused the plaintiff’s injury. The plaintiff must show that the defendant owed a duty of care to protect against foreseeable harm and that this duty was breached, and as a result, the plaintiff suffered harm. The law also holds that the responsibility of manufacturing a safe product is with the manufacturer and that the product has to meet the ordinary standards of its kind and must be free of any defects that make it unreasonably dangerous. The burden of proof rests with the plaintiff to demonstrate the defect was the direct cause of the injury and that the product was used in the way it was intended to be used. Plaintiffs must also show that their injury was foreseeable and the defendant had a reasonable chance to avoid it. The plaintiff must also prove the product is defective and this defect was the proximate cause of the injury. If a plaintiff can show all these elements then they can successfully recover damages for their injury.

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What is the burden of proof in product liability cases?

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