Washington Product Liability Laws
Created by FindLaw's team of legal writers and editors | Last reviewed June 04, 2019
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Manufacturers, marketers, retailers, and suppliers each owe a duty to consumers to protect them from dangerous and defective products. If businesses fail to meet this obligation, they can be held legally liable for the harm caused by their products. The exact laws determining liability depend on the specific product liability laws of the state where the cause of action arises. Read on to learn about product liability laws in the state of Washington.
Recoverable Damages
A Washington consumer who is harmed by a defective or dangerous product may be able to recover compensation for the following:
- Medical expenses and hospital costs;
- Lost wages (present and future);
- Pain and suffering;
- Emotional distress; and
- Wrongful death of a family member.
Washington Product Liability Laws at a Glance
The laws governing product liability can be difficult to comprehend without a good understanding of legalese. To help cut to the chase, read the chart below, which features easy-to-follow takeaways from Washington's product liability laws and explains how they could impact your potential claim.
| Statutes | Washington Revised Code Title 7. Special Proceedings and Actions:
|
| Manufacturer's Liability | The manufacturer of a product is liable for the consumer's damages if the manufacturer's negligence was the proximate cause of the consumer's injuries. This could be due to any one of the following:
|
Determining Defective/Dangerous Products |
Risk/Utility Test The injured person shows that the chance of an injury multiplied by the seriousness of the potential injuries cost more that it would be for the company to use another product design. The court will consider the following factors:
Consumer Expectation Standard The victim must show that the product fails to meet the expectations of a reasonable consumer, but they don't have to show the availability of an alternative design. The court will consider these factors:
|
| Breach of Warranty Claims | A company is held strictly liable if the product was sold to the consumer with a warranty and the consumer suffered injuries resulting from a breach of the warranty. |
| Statute of Limitations | The victim has 3 years from the date of injury to file a lawsuit. |
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Washington Product Liability Laws: Related Resources
- Washington Civil Statute of Limitations Laws
- Washington Negligence Laws
- Pain and Suffering Damages in Washington
Talk to an Attorney About Washington Product Liability Laws
If you or someone close to you has been hurt by a defective product, you will probably want to talk to a legal professional familiar with this complex area of law. Contact a local Washington personal injury attorney immediately to explore the possibility of filing a suit against the manufacturer or seller.
Next Steps: Search for a Local Attorney
Contact a qualified attorney.