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As a consumer, you probably do not give much thought to the safety of every day products that you use. You assume the car you buy, the appliance you purchase, and the baby carrier you put your baby in are safe and usually they are, but when those products are defective, you and your loved ones may suffer serious injuries as a result. The Washington Product Liability Act was enacted in order to protect consumers from dangerous and defective products and to hold parties responsible for putting dangerous products on the market. If you or a loved one has sustained injuries from a dangerous or defective product, contact a Kent product liability attorney to discuss your claim and learn how the Washington Product Liability Act may apply to your case.

Liable parties

When an injured consumer brings a product liability claim, he or she typically alleges one of the following: there was a manufacturing or design defect,express or implied warranties were breached, or there was a failure to give adequate warnings or instructions related to the product’s safety. Liable parties for a dangerous or defective product may include the manufacturer, wholesaler, or retailer.

Types of product liability cases

Product liability may apply to any type of product that is unreasonably dangerous or defective. Product categories that we frequently see in recalls and at the subject of product liability claims include the following:

  • Baby and children’s products
  • Automobiles and automobile parts
  • Household goods and appliances
  • Electronics
  • Medical devices
  • Pharmaceuticals
  • Cosmetics
  • Boats and boat parts

Important facts related to liability

Defective product cases can be complicated and details are important when it comes to product liability. See below for important questions that will be considered by the court in determining liability for your injuries and damages.

  • Would an ordinary person consider the product reasonably safe?
  • Was there a safer, reasonably feasible design?
  • Did the manufacture of the product deviate from the intended product design?
  • Did the product come with warnings and were they adequate to notify the plaintiff of specific product dangers?
  • Were there alternative warnings that would have been adequate to warn consumers of the risk of danger?
  • Did the plaintiff use the product as it was intended to be used?
  • Did the plaintiff modify the product in any way?
  • Did the seller modify the product prior to the sale?
  • Did the defendant use reasonable care in notifying purchasers of the dangerous defect after it was discovered?
  • Was the plaintiff injured?
  • Where the plaintiff’s injuries caused by the product’s danger or defect?
  • Were any express or implied warranties breached?

Recoverable damages

If you have sustained injuries and damages due to a dangerous or defective product, contact our Kent product liability attorneys at Russell & Hill, PLLC to schedule a consultation. Compensation you may be entitled to includes medical expenses, lost wages, loss of earning capacity, disability, wrongful death, pain and suffering, and emotional distress. Our experienced product liability attorneys will review your damages and injuries to help value your case and we will advocate for a full and fair recovery for you and your family.

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