You trusted it. That trust was misplaced.
Product liability cases are different from most personal injury claims. You weren’t in the wrong place at the wrong time. You weren’t careless. You used a product, and it injured you.
That matters. Because the company that made it, distributed it, or sold it had a legal obligation to make sure it was safe. Under Washington’s Product Liability Act, manufacturers must design products safely, manufacture them correctly, and provide adequate warnings and instructions. When they fail on any of those counts, they can be held responsible.
These cases can involve everyday consumer products, prescription drugs and dangerous drugs, defective medical devices, food, children’s toys and clothing, industrial machinery, heavy equipment, and much more. If a product caused your injury, the question isn’t whether you were careless. The question is whether the product was.
Three types of defective product claims in Washington.
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The product was dangerous by design, before it was ever manufactured. Even a perfectly made version of it could cause harm. |
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The design was fine, but something went wrong in how this particular product was made. A flaw in production, a bad batch, a missing component. |
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The product had known risks that weren’t clearly communicated. No warning label, inadequate instructions, or dangers the manufacturer knew about and didn’t disclose. This is especially common in cases involving prescription drugs, medical devices, and industrial equipment. |
Understanding which type of defect applies to your situation shapes the entire legal strategy. That’s one of the first things we work through with you.
Who is liable in a Washington product liability case?
It isn’t always just the manufacturer. Depending on how the product reached you and where the failure occurred, potentially responsible parties may include the manufacturer, the designer, component part suppliers, distributors, and retailers. Washington law is broad in this regard, and identifying every party in the chain is an important part of building your case.
What you may be entitled to recover
Depending on the severity of your injury and the circumstances of the case, compensation may include medical expenses, current and future; lost wages and reduced earning capacity; pain and suffering; loss of ability to enjoy life; and in cases involving wrongful death, damages for surviving family members.
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This is important: the evidence won’t wait. Here’s something that applies to product liability cases more than almost any other: what you do in the first hours and days after an injury can significantly affect your ability to make a claim. If at all possible, preserve the product exactly as it is. Don’t repair it, discard it, or let anyone else take it. Photograph the product, the scene, and your injuries. Note the model name, serial number, and any batch or lot numbers. Keep all documents: purchase receipts, rental contracts, instruction manuals, warranty cards, anything related to the product. If there were witnesses, get their names and contact information while the memory is fresh. We know this can feel like a lot when you’re also dealing with an injury. But this evidence is often the foundation of the entire case. If you’re not sure what to preserve or how, call us. We’ll walk you through it. |
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Statute of limitations callout Washington’s statute of limitations for product liability claims is three years from the date of injury. Evidence degrades, witnesses forget, and products get discarded. The sooner you act, the stronger your case. |
Why product liability cases require an experienced attorney.
Product liability cases are among the most technically demanding in personal injury law. Manufacturers have significant resources and experienced defense teams. Evidence can be hard to obtain. Cases can involve engineering experts, medical experts, and sometimes suppliers or manufacturers based overseas.
At Scott & Scott, we know how to build these cases from the ground up. We know what evidence matters, who the responsible parties are, and how to go up against companies that would rather make this go away quietly than do right by the person they hurt.
Things you might be thinking
“I’m not sure the product was defective. Maybe I used it wrong.”
That’s exactly the question we help answer. You don’t need to know before you call. We’ll look at how the product performed, how it was designed, and what warnings were or weren’t provided.
“The company is huge. Can I actually win against them?”
Size doesn’t make a company immune. Washington law holds manufacturers to clear standards, and we’re experienced at holding them to those standards regardless of how large they are.
“It’s been a few months since the injury. Have I waited too long?”
You likely still have time. Washington gives you three years from the date of injury. But the sooner you act, the better your evidence will be.
“I still have the product. What should I do with it?”
Don’t touch it. Don’t clean it. Don’t let anyone else take it. Call us and we’ll tell you exactly how to handle it from here.
