What are the defenses to a product liability claim?

When a person is injured by a product and decides to pursue legal action, the product manufacturer may use one or more of the following defenses to a product liability claim: 1. Unavoidably Unsafe Products: Some products are inherently dangerous—such as prescription drugs, or appliances that generate heat—despite taking safety measures. Therefore, these products may be exempt from liability if the manufacturer can prove that they are “unavoidably unsafe.” 2. Contributory Negligence: If the plaintiff’s behavior contributed in any way to the injury, then the defendant may be able to use the defense of contributory negligence. For example, if the plaintiff ignored a safety warning or improperly used the product, the manufacturer may be able to argue that contributory negligence was a factor in the injury. 3. Misuse: The defendant may argue that the product was used inappropriately for a purpose it was not intended for. For instance, if a lawnmower was used to cut metal instead of grass, then any resulting injury would likely not be the manufacturer’s fault. 4. Assumption of the Risk: The defendant may argue that the plaintiff knew of the danger and accepted the risk of injury, such as if the plaintiff ignored a safety warning. 5. Statute of Limitations: In Washington, a plaintiff has three years to bring a product liability claim against a defendant. If the claim is brought after the three year window, then the defendant may be able to argue that the statute of limitations has expired. All of these defenses can be used in product liability cases in Washington, and each defendant should carefully investigate the particular facts of their case in order to determine which defense may be most appropriate.

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What are the defenses to a product liability claim?

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