What is a “products liability action”?
A “products liability action” is a legal claim made by an injured person against a seller, manufacturer, or distributor of a product, based on the product’s defects or failure to warn of the risks of using it. In Washington, products liability law holds a seller, manufacturer, or distributor of a product responsible for the damage caused by any defect in the design, manufacture, or warnings of the product. When a person is injured or their property is damaged due to a product’s defect, they may bring a products liability action against the seller, manufacturer, or distributor of the product. In a products liability action, the injured party must provide evidence that the product was defective, or that the warnings about the product were inadequate. The law does not require proof that the seller, manufacturer, or distributor intended to cause injury. The injured party must also prove that the defect caused their injury. The level of care that a seller, manufacturer, or distributor is expected to provide can vary depending on the type of product, who is using it, and the foreseeable risks associated with it. For example, a seller, manufacturer, or distributor of a toy car may be held to a higher standard of care than one of a power drill. If a person can prove that the seller, manufacturer, or distributor failed to meet the appropriate standard of care, they may be successful in their products liability action.
Related FAQs
What are the elements of a design defect claim?What are the elements of a negligence claim in product liability law?
Are there any regulations that govern product safety?
What is a “consumer expectation” test?
What is the foreseeability factor in product liability cases?
What is a “negligence per se” claim?
What is the legal definition of a defective product?
What level of responsibility do manufacturers have for the safety of their products?
How do juries determine product liability claims?
What is the burden of proof in product liability cases?
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