Advocating for Consumer Safety in Washington

Washington state has a strong tradition of protecting consumers from dangerous and defective products. When manufacturers prioritize profits over safety, innocent people suffer injuries that could have been prevented. From faulty medical devices to dangerous household products, defective goods cause serious harm to Washington families every year. AskLitigation helps injury victims understand their rights and hold negligent companies accountable.

Washington Product Liability Framework

Washington follows the doctrine of strict liability for defective products, meaning manufacturers and sellers can be held responsible for injuries regardless of whether they acted negligently. Under RCW 7.72, the Product Liability Act, companies must ensure their products are safe when used as intended or in reasonably foreseeable ways.

Washington’s comparative fault system allows injured consumers to recover damages even if they bear some responsibility for their injuries, as long as their fault is less than the combined fault of all defendants. This consumer-friendly approach ensures that victims aren’t denied compensation due to minor contributing factors.

Categories of Product Defects

Washington law recognizes distinct types of product defects that can lead to liability:

Manufacturing Defects: When products deviate from their intended design during production. This includes contaminated pharmaceuticals, improperly assembled appliances, or vehicles with faulty parts installed during manufacturing.

Design Defects: Products that are inherently dangerous due to poor design choices, even when manufactured perfectly. Examples include top-heavy vehicles prone to rollover or children’s products with small parts that create choking hazards.

Inadequate Warnings: Products that lack sufficient warnings about known dangers or proper usage instructions. Companies must warn about risks that aren’t immediately obvious to ordinary consumers.

Washington’s Legal Protections

Several key provisions protect Washington consumers in product liability cases:

No Privity Requirement: You can sue manufacturers even if you didn’t purchase the product directly from them, extending protection to family members, employees, and others who use products.

Useful Life Doctrine: Claims must generally be brought within 12 years of when the product was first sold, though this period may be extended for products with longer expected lifespans.

Joint and Several Liability: When multiple parties are responsible for your injury, you can collect your full judgment from any defendant, regardless of their percentage of fault.

No Damage Caps: Washington doesn’t cap economic or non-economic damages in product liability cases, allowing full compensation for injuries.

Common Defective Products in Washington

Product liability cases in Washington frequently involve:

Automotive Components: Defective airbags that deploy improperly, brake systems that fail unexpectedly, and tires with design flaws that cause blowouts.

Consumer Electronics: Devices that overheat and cause fires, products with electrical defects that shock users, and items with dangerous electromagnetic emissions.

Household Products: Furniture that tips over unexpectedly, cleaning products with inadequate labeling, and appliances with fire or explosion risks.

Recreational Equipment: Defective sporting goods, unsafe playground equipment, and outdoor gear that fails during use.

Food and Beverages: Contaminated products, items with undisclosed allergens, and beverages with dangerous additives or contaminants.

Proving Your Case

Establishing liability in Washington product liability cases requires demonstrating that the product was defective and unreasonably dangerous when it left the defendant’s control. This typically involves:

Securing the defective product for examination, documenting your injuries with comprehensive medical records, gathering product packaging and instructions, identifying all companies in the distribution chain, and consulting with experts who can explain how the product failed.

Washington courts often require technical testimony to establish defects, particularly in design defect cases. Expert witnesses may include engineers, safety specialists, or industry professionals who can explain industry standards and how the product fell short.

Available Compensation

Washington law allows comprehensive recovery for product liability injuries:

Economic Damages: All medical expenses, lost wages, diminished earning capacity, and other financial losses. These damages aren’t limited and can include future costs projected over your lifetime.

Non-Economic Damages: Pain and suffering, emotional distress, loss of enjoyment of life, and other intangible harms. Washington doesn’t cap these damages in product liability cases.

Punitive Damages: Available when defendants acted with willful or wanton disregard for safety, though Washington requires clear and convincing evidence of such conduct.

Class Actions and Mass Torts

When defective products harm many people, Washington law allows class action lawsuits and mass tort litigation. These cases can be particularly effective against large manufacturers who release widely distributed dangerous products.

Participating in group litigation can provide several advantages, including shared litigation costs, stronger evidence development, and greater leverage against corporate defendants. However, individual cases may be more appropriate when your injuries are unique or particularly severe.

Consumer Protection Laws

Beyond traditional product liability, Washington’s Consumer Protection Act (CPA) provides additional remedies for deceptive business practices. If a company knowingly misrepresented product safety or failed to disclose known dangers, you may be entitled to treble damages and attorney’s fees under the CPA.

These enhanced remedies can significantly increase your recovery and make it easier to afford quality legal representation. The CPA’s broad scope covers many forms of unfair or deceptive conduct that traditional product liability might not address.

Acting Quickly Protects Your Rights

Washington’s statute of limitations requires product liability claims to be filed within three years of discovering your injury. However, taking action early provides significant advantages in building your case.

Evidence can disappear quickly, particularly if products are recalled or discontinued. Companies may destroy internal documents unless preserved through litigation. Witnesses’ memories fade over time, making early investigation crucial for establishing key facts.

Experienced Legal Advocacy

Product liability cases require substantial resources and specialized knowledge to succeed against well-funded corporate defendants. These companies employ teams of lawyers and experts to minimize their liability, making experienced representation essential for protecting your interests.

AskLitigation connects you with attorneys who have the expertise and resources to handle complex product liability cases in Washington. We understand state law, have relationships with qualified experts, and know how to build compelling cases that achieve fair compensation.

Contact Us Today

If a defective product has injured you or a loved one in Washington, don’t let negligent manufacturers escape responsibility. Contact AskLitigation today for a free consultation about your case and learn how we can help you seek the justice and compensation you deserve.