Seattle Product Liability Law

If you have been injured by a defective product, call Seattle personal injury lawyers Scott and Scott, PLLC, to get the justice you deserve.

If you or a family member have sustained serious injury or illness due to a defective product, you may be entitled to compensation. These cases, known as product liability, can relate to any number of products ranging from complicated tools to prescription drugs, food, infant clothes, and toys.

Seattle product liability lawyers Rachel Scott and Brian Scott represent people who have been injured by defective products. Our firm has successfully filed claims for product defects involving industrial machinery, heavy equipment, and consumer goods.

The Washington Product Liability Act of 1981 and the Tort Reform Act of 1986 govern product liability cases in our state. A manufacturer has a duty to supply products that are reasonably safe. They have to be designed safely and manufactured well, and adequate warnings and instructions must accompany the product. Besides the manufacturer, other entities such as the distributor, retailer, or component suppliers may be responsible.

It is vitally important to preserve evidence of the accident as soon as possible. Preserve the product if possible, and take photographs of the product and the accident scene. Obtain witness statements regarding the accident. Make note of the model name and serial number of the product, and keep copies of any documents such as rental contracts or safety or instruction manuals.

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Product Liability FAQ's

1. What is product liability under Washington law?

Product liability refers to holding a manufacturer, distributor, or seller responsible for injuries caused by a defective or unsafe product. Under the Washington Product Liability Act, a product must be reasonably safe in design, manufacture, and warnings. If it isn’t, and someone is harmed, the injured person may have a legal claim.

2. What are the different types of product defects that can lead to a lawsuit?

In Washington, product liability claims usually fall into three categories:

  • Design defects (the product was inherently unsafe by design)
  • Manufacturing defects (an error occurred while making the product)
  • Failure to warn (insufficient instructions or safety warnings). Any of these defects can lead to serious injuries and form the basis of a claim.

3. Who can be held responsible for a defective product injury in Seattle?

Liability may fall on multiple parties, including the product’s manufacturer, designer, parts or component suppliers, distributor, wholesaler, or retailer. A Seattle product liability attorney can help identify all responsible parties under the Washington Product Liability Act.

4. What should I do if I’ve been injured by a defective product?

Preserve the product if possible, photograph the item and accident scene, gather witness statements, and retain documents like manuals or receipts. Then, contact a Seattle product liability lawyer to investigate your claim and protect your rights.

5. Can I sue for injuries caused by a recalled product?

Yes. A product recall can serve as evidence that a product was defective, but it is not required to file a lawsuit. If you were injured by a dangerous product, even one later recalled, you may still be entitled to compensation under Washington’s product liability laws.

6. What compensation can I recover in a product liability case?

You may be eligible for damages including medical bills, lost wages, reduced earning capacity, pain and suffering, and long-term care costs. In fatal cases, surviving family members may file a wrongful death claim. A Seattle defective product lawyer can help calculate your full damages.

7. How long do I have to file a product liability lawsuit in Washington?

Washington generally gives you three years from the date of injury to file a product liability claim. However, it’s best to act quickly to preserve evidence and strengthen your case.

8. I threw the defective product away. Can I still file a claim?

While preserving the product helps, it’s not always necessary. Photographs, receipts, witness statements, and medical records may still support your case. We can help investigate.

9. How long will this process take?

It depends on your case type and whether we reach a settlement or go to trial. We aim for timely resolution and will keep you updated at every step so you’re never left in the dark.

10. Do I have to talk to the insurance company?

No. Once you hire us, we deal with the insurance companies on your behalf — so you don’t have to worry about saying the wrong thing or being pressured into a lowball offer.

11. What if I already started the claim process myself?

That’s okay — many clients come to us after trying to handle things alone. We can step in at any point to make sure your rights are protected and deadlines aren’t missed.

Questions You Might Be Afraid to Ask

Am I overreacting?

No. You’re reacting like a human being in a hard situation. Our job is to take the weight off your shoulders.

What if people think I’m just looking for money?

Most of our clients feel this way at first. What you’re doing is protecting yourself and your future.

I don’t want to be one of those people who sues.

You’re not. You’re someone who was hurt and deserves to be treated with dignity.