What are the elements of a negligence claim in product liability law?

In Washington, the elements of a negligence claim in product liability law are: Duty, Breach of Duty, Causation and Damages. Duty refers to the obligation a seller has to provide a safe product. This obligation is owed to the purchaser, as well as any foreseeable third parties who may be harmed by its defective condition. For example, a manufacturer has a duty to make sure that the products it sells are free from any defects that may cause harm to its users. Breach of Duty is the failure of a seller to fulfill the duty it owes to the purchaser or third parties. This can be proven if it is shown that the product is not safe for its intended use. For example, if a product is sold without basic safety instructions or warning labels, this would be a breach of duty. Causation is the link between the breach of duty and the harm caused. This must be established in order to prove negligence. In product liability law, causation is established when the harm caused by the product’s defective condition is linked to the breach of duty. For example, if a product was sold without proper warnings and a user is injured due to its use, it can be assumed that the lack of warnings was the cause of the injury. Lastly, Damages are the harm suffered by the plaintiff as a result of the breach of duty. This can include medical bills, lost wages, pain and suffering, etc. In product liability cases, the damages can be significant. Therefore, it is important for a claimant to be able to prove that the breach of duty was the cause of the harm suffered.

What are the elements of a negligence claim in product liability law?

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