Are products with “open and obvious” defects liable?

In Washington, the answer to the question, “Are products with “open and obvious” defects liable?” is, as with most cases related to products liability law, it depends. Generally, under Washington law, if a product contains a defect, the manufacturer may be held liable even if the defect is open and obvious. In such cases, the manufacturer will be responsible for any injury that results from the defect. However, the manufacturer may not be held responsible for any injury resulting from a product defect if the defect was so obvious that it would have been reasonably seen by the user or buyer. The key question in this case will be whether a reasonable person could have expected the danger from the product’s obvious defect. In some instances, it may also be possible for the manufacturer to be held responsible for a product defect, even if the defect was openly visible. In this case, the manufacturer must have been aware of the defect at the time of manufacture, and the user must not have been aware of the defect, even if the defect was obvious. Ultimately, any claim related to a product defect that is open and obvious will require a full analysis of all the facts surrounding the incident and applicable law. Because of this, it is best to speak with an attorney who is knowledgeable about products liability law in Washington so that you can determine the best course of action.

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Are products with “open and obvious” defects liable?

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