How does the doctrine of comparative fault apply in product liability cases?

The doctrine of comparative fault applies in product liability cases in Washington to determine the party that is legally responsible for damages, losses, and injuries. According to the doctrine of comparative fault, each party’s liability for any damages and losses is proportional to the degree of their fault. For example, if a person was injured using a product, the Court may use comparative fault to assess the degree of fault for the injury between the person and the manufacturer of the product. The person’s degree of fault is measured against the product manufacturer’s degree of fault, and the responsibility for the injury is allocated accordingly. It is important to keep in mind that Washington follows a modified comparative fault system. This means that the injured party can still recover some damages if the court finds their fault to be less than 50 percent. However, the amount of damages is decreased by their degree of fault. The purpose of the doctrine of comparative fault in product liability cases is to make sure that the party with the highest degree of fault is held legally responsible for the damages, losses, and injuries that were caused by their careless or negligent actions. It also encourages parties to be responsible and to take steps to avoid putting others at risk of harm.

Related FAQs

What is the difference between negligence and strict liability in product liability law?
What level of responsibility do manufacturers have for the safety of their products?
What types of legal documents are required to bring a product liability claim?
How is the price of a defective product determined?
What is the “state of the art” defense?
How is a company’s financial responsibility determined in a product liability case?
What are the elements of a successful products liability claim?
What is the legal standard of care for manufacturers?
How does a court determine if a product is “unreasonably dangerous”?
What is a “market withdrawal”?

Related Blog Posts

Understanding the Basics of Products Liability Law - July 31, 2023
What 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