SEATTLE PRODUCT LIABILITY LAWYER

How the Washington Product Liability Act Protects You

Although there are a number of federal safety regulations designed to ensure the quality and safety of a wide range of consumer products, product liability law remains under the jurisdiction of state law. Historically, Washington State courts applied the common law to product liability cases. But since 1981, the Washington Product Liability Act (WPLA) has provided the exclusive legal remedy for victims injured by dangerous and defective products.

Unlike many other types of personal injury claims, sorting out product liability is often made more difficult due to the roles played by multiple parties in the manufacture, distribution, and sale of a given product. For example, if you buy a toy from a local retailer and your child is subsequently injured by a defective part, do you sue the store, the manufacturer, or the wholesaler who acted as a middleman? The answer to this question will depend on many factors.

Under the WPLA, the manufacturer of a product is responsible if the victim’s injuries were “proximately caused by the negligence of the manufacturer.” This can mean a few different things:

• The product was “not reasonably safe as designed.”
• The product left the manufacturer’s control in a condition that “deviated in some material way from the design specifications or performance standards of the manufacturer” or of the “same product line.”
• The product was unsafe because the manufacturer did not include “adequate warnings or instructions.”
• The product did not “conform to the manufacturer’s express warranty” or an implied warranty created under Washington State law.

In determining whether or not a product is “reasonably safe” for purposes of the WPLA, a judge or jury is expected to look at the case from the viewpoint of an “ordinary consumer.” But when a victim raises a product liability claim based on defective design, the court will also need to consider whether or not there was “an alternative design that was practical and feasible” under the circumstances. In other words, the victim needs to show that the potential costs to injured consumers outweighed the costs of the manufacturer using a safer design to accomplish the same objective.

Similar considerations apply to product liability claims arising from a manufacturer’s failure to provide adequate instructions or warnings. The WPLA states a manufacturer is liable if it fails to exercise “reasonable care” in notifying customers of a defect that is discovered after a product is manufactured. This means that a manufacturer cannot simply sit on knowledge that there is something wrong with its product–it has an affirmative legal duty to warn anyone who may purchase or use the defective item.

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Who Else Can Be Held Liable Under the WPLA?

The WPLA states that a “product seller other than a manufacturer” may be liable for damages in certain circumstances. Specifically, a victim can sue a seller if he or she can prove their injuries were the result of:

• the seller’s direct negligence;
• the seller’s breach of an express or implied warranty; or
• the seller’s “intentional misrepresentation of facts about the product,” which includes deliberately concealing information.

A seller can also be sued in cases where:

• the original manufacturer is insolvent (bankrupt);
• a judge determines there is little to no likelihood of the victim enforcing a damages award against the manufacturer;
• the seller and the manufacturer are related companies (i.e., one is a subsidiary of the other); or
• for defective design claims, the manufacturer produced the product according to “plans or specifications” provided by the seller; or
• the seller sold the product under its own trademark or brand name.

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What Compensation Can I Seek in a Product Liability Lawsuit?

Like any personal injury claim, the victim of a dangerous or defective product is entitled to compensation for the full amount of their losses. This will obviously depend on the facts of each particular case. But some of the more common categories of product liability damages include:

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Speak with Our Product Liability Lawyers in Seattle Today

Product liability lawsuits are complex. They often require expert testimony to establish a manufacturer or seller’s liability. And the defendants are often large, well-funded companies that can afford to litigate a victim’s claim for several years. This is why it is critical to work with a Seattle product liability attorney who understands the Washington legal system and will fight for the best interests of you and your family. Contact the Khan Injury Law if you have been injured by a defective product and would like to schedule a free consultation with a member of our team today.