How does a plaintiff prove causation in a design defect claim?
In Washington, the courts use the doctrine of “strict liability” to handle most product liability cases. In order to prove causation in a design defect claim, a plaintiff must show that the product had an unreasonably dangerous design and that the defect was the cause of the plaintiff’s injury. This means that the plaintiff must prove that the design defect was the direct cause of the damage, or the factual cause of the injury. The plaintiff must demonstrate that the defect was the cause of the product’s malfunction and that the malfunction was the cause of the injury. In other words, the plaintiff must prove a “causal link” between the design defect and the harm suffered by the plaintiff. To do this, the plaintiff must prove that the defective design was the proximate (legal) cause of the injury. The plaintiff must also show that the defect in design was a “reasonably foreseeable” hazard and that the dangerous nature of the defect was the cause of the injury. To prove this, the plaintiff may need to present evidence such as weight, timing, and external factors that could have contributed to the injury. Additionally, the plaintiff may present testimonies from expert witnesses to help prove causation. In sum, in order to prove causation in a design defect claim in Washington, the plaintiff must demonstrate that the defect in design was a direct and proximate cause of the injury, and that the defect’s dangerous nature was the cause of the injury as well. The plaintiff can use evidence and expert testimonies to prove this link.
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