As consumers, we trust that the products we purchase have been subjected to basic safety inspections. Unfortunately, even minor oversights or errors during the manufacturing, packaging, or distribution of a product can lead to defective items appearing on shelves for unassuming customers to buy. Defective products can cause all types of injuries, ranging from minor scrapes to long-term or even permanent disabilities. If you or a loved one has been injured because of a defective product, it’s essential to seek medical attention as soon as possible to receive the care you need. Moreover, the medical records established by this visit can serve as powerful evidence in the event that you decide to file a product liability claim to recover monetary damages from the party responsible for your injuries. Although Washington allows injured parties to handle personal injury or product liability claims without hiring an attorney, doing so is highly recommended to ensure that you maximize your chances of recovering a fair and favorable settlement. Let’s take a look at how product liability claims typically unfold and why working with an experienced and trusted Seattle product liability lawyer can be beneficial for you and your loved ones during this challenging time.
Can You Sue a Company for Faulty Products?
Companies that sell products to consumers are responsible for overseeing the safety of these goods. When a defective product causes harm or injury to a consumer, the seller or manufacturer may be held liable for such an incident. However, determining liability can be a complex process, as manufacturers, distributors, suppliers, and retailers carry varying degrees of responsibility for ensuring the safety of the products. The Washington Product Liability Act (WPLA) addresses matters of product liability and provides guidelines and liability standards that apply to different entities. Generally speaking, products can be defective in one of the following ways:
- Design Defects: If the injuries came about because of a product’s defective design, the defect may affect multiple products that were also manufactured because of an unsafe or faulty design.
- Manufacturing Defects: Even if the product’s design is safe, mistakes or issues occurring during the manufacturing process can result in defective or unsafe products. In these cases, one or more products may be defective.
- Marketing Defects/Failure to Warn: In some cases, products are inherently unsafe—even if they are designed as safely as possible. However, the companies that manufacture and sell these products must provide clear warnings and instructions to minimize potential risks.
If you are injured by a defective product, it’s essential to discuss the specifics of your case to identify the most strategic path forward. Enlisting the guidance of an experienced and knowledgeable Seattle product liability attorney is the most effective way to maximize your chances of obtaining a fair outcome.
Different Types of Product Liability Cases in Washington State
Product defects can cause a wide array of problems, from relatively minor ailments to catastrophic injuries. In some cases, the defective product can prove fatal. Under the WPLA, an injured consumer may file a product liability claim under four basic theories, which are outlined below.
Negligence (Risk-Utility Test)
Grounds for filing a product liability claim may arise from the plaintiff’s assertion that the chance of an injury, multiplied by the seriousness of the potential injuries, would be more costly than it would be for the company to use a different (and safer) product design. In other words, if the company failed to explore alternative designs that would make the product safer, and it would be practical and feasible for the company to do so, then the plaintiff could bring a product liability lawsuit against the company for this negligent decision or oversight.
Insufficient Warnings or Inadequate Instructions
Products must include sufficient warning labels and provide consumers with clear instructions to minimize the potential of injury. Moreover, if the company learns of additional safety information that affects the products even after they have appeared on shelves or sold to consumers, the manufacturer must contact customers to inform them of the additional safety-related information. If you were injured because the product did not warn you of potential safety risks, you may be able to pursue a product liability claim based on the company’s failure to include adequate warning labels and clear instructions for safe use.
Breach of Warranty
Warranties are essentially promises that companies make about their products. If the manufacturer failed to uphold the terms of the warranty and a consumer suffered an injury, the plaintiff may bring a product liability lawsuit against the company for its breach of warranty. For example, if the company claims that its product is manufactured with safe materials, but the reality is that the manufacturer used different materials (which breached the terms of the warranty), injuries to consumers may be grounds for pursuing a product liability claim.
Consumer Expectations Standard
In some cases, injured consumers can file a product liability claim based on the assertion that ordinary consumers do not consider the product to be sufficiently safe for consumption or purchase. Although the plaintiff does not need to prove the availability of a cost-effective alternative design to move forward with this type of product liability claim, working with a highly qualified product liability attorney can help to identify and present compelling evidence to demonstrate that the product is not sufficiently safe.
Contact a Trusted Product Liability Lawyer Today
If an unsafe or defective product has injured you or your loved one, you may be able to hold the company or manufacturer legally liable for their failure to keep you safe from defective products. Whether you are wondering how to sue a company for a faulty product or you want to learn more about product liability lawsuit settlements in the greater Seattle area, it’s worth contacting a knowledgeable and highly skilled product liability attorney to discuss your options.
If you or someone you love suffered an injury because of a defective product, you may be able to file a claim to recover the compensation you need to support the costs of your recovery. Reach out to Scott & Scott, PLLC, today at (206) 622-2200 to discuss your options with a highly qualified and experienced Seattle product liability attorney.
