What are the elements of a design defect claim?
Product liability law in Washington is a complex area of legislation and it is important to understand its elements to determine if you have a valid claim. The three elements of a design defect claim are: 1. The product was defective when it left the hands of the manufacturer: This means that the product had a design defect that made it unreasonably dangerous and/or unfit for use as intended. This can include flaws in the design itself, or defects in the manufacturing process. 2. The product was used in the manner intended: The product must have been used in the way it was intended (as defined by the manufacturer), and it must have caused injury or damages as a result. 3. Injury or damages: The last element is proof of injury or damage caused by the defective design. This can include physical harm, emotional distress, economic losses, and/or property damage caused by the defect. All three elements must be present in order for a design defect claim to have legal standing in Washington. If any of the elements are missing, the claim could be denied. It is important to consult an experienced product liability lawyer to ensure you are making a valid claim.
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