Washington Personal Injury Attorney | Product Liability

We all use consumer products every day and depend on the suppliers of consumer products to ensure that the products are reasonably safe when used for the intended purpose. Defective products often cause injury through no fault of the consumer. Contact our Washington Personal Injury Attorney to learn more!

The Washington Products Liability Act primarily governs products liability in Washington, though federal law may preempt some claims and some products and some product sellers are not covered by the act.

The Washington Products Liability Act applies to any injury resulting from a “product liability claim”.[1] The Act preempts all other causes of action for such an injury claim, though it does not preempt claims for fraud, intentional harm, or a claim under the Consumer Protection Act.[2]

A retailer is liability under the Washington Products Liability Act only under limited circumstances. The focus of the Act is to place liability on manufacturers.[3]

A manufacturer is liable if a product is not reasonably safe. There are four ways an injury victim may establish that a product is not reasonably safe.[4]

1. Manufacturing Defects

2. Design Defects

3. Failure to Warn

4. Breach of Warranty

A manufacturer may be relieved of liability by showing that the product complied with a mandatory government contract specification.[5] Other possible defenses to a products liability claim include the contributory fault of the injury victim. In addition, as with all injury claims, the injury victim must bring the products liability claim within the statute of limitations.

There is more information about products liability on this website. The information provided is not a substitute for legal advice. For advice about your situation consult a Washington Personal Injury Attorney.

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[1]RCW 7.72.010(4).

[2] RCW 7.72.010(4).

[3] RCW 7.72.030, 7.72.040(1); Almquist v. Finley School District, 114 Wn.App. 395 (2202).

[4] RCW 7.72.030.

[5] RCW 7.72.050(2).

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