Product Liability

Product Liability

People purchase and engage with a variety of products every day. Whether small or large, a person has the right to experience peace of mind about what they are buying and subsequently using in their daily lives. However, in the event that a product is defective, it can cause serious harm in the form of physical injury and emotional damage to the consumer. 

At Putnam Lieb Potvin Dailey, our product liability lawyers can help you navigate the legal requirements necessary to seek the compensation you may be entitled to and reduce the time it takes to recover your losses. We will examine the details of your case to determine the nature of your injuries, the product involved, and the level of product liability. Let our Olympia, WA personal injury attorneys help you get the compensation you deserve. 

Defining Product Liability in Olympia, WA 

Product liability is defined by the state of Washington statute RCW 4.24.611 as a claim for compensation for personal injuries, property damages, or death as a result of a product or hazardous/toxic substance. It adds that the product is also dangerous or harmful to the general public as a whole. Consumers have the right to be warned about any danger that can arise as a result of using a faulty product.

Types of Defective Products That Can Result In Injuries

It is not uncommon to hear about defective products on the news or receive recall information by mail or in our inboxes. These faulty products can appear in a variety of forms and affect a large section of the American population when they occur. These products and substances hurt both the consumer and the manufacturer alike in the form of injuries suffered by the customer, and the costs associated with liability and production loss that a manufacturer is then responsible for resolving. Some of the most common types of defective products include:

• Faulty vehicle design
• Defective vehicle parts or assembly
• Contaminated food or drink
• Toxic chemicals and substances
• Medical devices
• Prescription and over-the-counter medications
• Home appliances
• Electrical wiring and electronic products
• Furniture 
• Baby cribs, swings, and bouncers
• Clothing
• Children’s toys
• Sports and exercising equipment
• Outdoor products

According to the most recent National Security Council report, it is estimated that 12.7 million people were treated for product-related injuries in emergency rooms. Children and older adults continue to remain the most susceptible demographics for these types of injuries. For children, soaps, detergents, electronics, and appliances cause the most harm. For both children and people over 65 years of age, the top three leading causes of injuries include:

• Stairs
• Ramps
• Landings
• Floors
• Beds
• Pillows
• Mattresses 
• Chairs
• Sofas
• Sofa beds

Common Injuries That Are Associated With Product Defects 

Defective products can cause serious injuries to consumers. Some can even be life-threatening and/or life-altering. Injuries caused by defective products can be overwhelming and lead to costly and extensive medical bills. Some common types of injuries that a person in Olympia, WA may sustain as a result of a faulty item can include:

• Burns by fire or chemicals
• Choking
• Poisoning
• Amputation
• Broken or fractured bones
• Soft tissue damage
• Internal damage
• Neck and spinal damage
• Traumatic Brain Injury (TBI)
• Death

What are the Three Types of Defects a Product Can Have

A variety of factors in the production process may contribute to a faulty item. However, most defective products end up in one of three categories: design, manufacturing, or warning defects. Each one plays a different role in the end result, the type of injuries it can cause the consumer, and the legal process involved to combat the resulting damages. An Olympia product liability attorney can best determine which factors are at play in your situation and develop an effective strategy to get you justice.  

Design Defects

According to Lexis Nexis, when a design defect occurs in a product, it is the result of a flaw embedded within the product’s original makeup. While manufacturing and production proceed in a normal and correct manner, the product itself will still be faulty because the design itself is faulty. Due to the source of the problem, defective products are harmful to consumers because they can break, fail to do their intended job, produce a dangerous reaction, and more. Mechanical failures in vehicles, flammable and combustible products and substances, and toys that children can choke on are just a few common types of defectively designed products that can hurt the people using them.

In an instance where a design defect has caused injury, the injured party may seek damages. However, they will be required to demonstrate that an alternative design for the product would be possible, could be made in a similar way, at a similar cost, and wouldn’t cause harm to the consumer.  

Manufacturing Defects

By comparison, a manufacturing defect affects a portion of the products rather than the entirety of what is produced. Manufacturing defects occur when there is a deviation from the design or method of production. The inherent problem with these defects is that they fail to live up to the reasonable expectation of function, and a segment of the product can cause harm to some users. Some typical examples of manufacturing defects include contaminated food products, faulty vehicle parts, improper installation of product parts, and more.

A person who is trying to demonstrate that they sustained an injury as a result of a manufacturing defect must show that due to negligence, a product was faulty before leaving the manufacturing facility. A person must also show the connections between the product and their injuries. The warranty provided is also examined in such cases. 

Failure to Warn Defects

Warning defects occur when a manufacturer fails to warn customers about risks or warranties. This problem can also present itself when a product doesn’t have the proper labels or instructions included to advise on correct usage in order to prevent harm. This can cause a dangerous situation if a person uses a product in an inadvisable way as a result of not being warned. 

Laws Governing Product Liability Claims in Olympia, WA

In the event of a product liability lawsuit, proceedings are typically governed by strict liability guidelines as defined by Washington statute RCW 7.72.010. Intent is not taken into account in these situations, only that harm was caused by the product due to an issue somewhere in the production chain. The manufacturer is then liable for the defective products. Exceptions to these guidelines occur if a product’s usefulness offsets the defect or if a reasonable person would not consider the item defective. In this case, the manufacturer is not liable for the product’s outcome. 

Who Can be Held Liable for Defective Products?

Washington state law outlines what a manufacturer can be liable for in statute RCW 7.72.030. A manufacturer is liable for a faulty product if it is discovered that negligence was shown in the design or manufacturing of the item. They are also liable if they fail to effectively warn or warranty a product that left its facilities. There must be a reasonable expectation that these actions should not have occurred, and the manufacturer should have shown more care in some level of the production process. 

Manufacturers are not the only party subject to product liability. Product sellers can also be liable if they exhibit negligence in selling a product that is known to function improperly. According to RCW 7.72.040, a seller can be held responsible in addition to a manufacturer if it is determined that they were in breach of an explicit warranty or they made false claims about the product they are selling. In some cases, the seller can be held responsible for damages the same as a manufacturer if they provided the manufacturer with poorly designed plans, the product was marketed under the seller’s trademarked name or is a controlled or controlling subsidiary of the manufacturer. 

Statutes of Limitations Regarding Product Liability

The statute of limitations on product liability claims expires three years from the time the faulty product was discovered or when the defect in question should have been discovered, according to RCW 7.72.060. Additionally, if an item is found faulty after its typical life expectancy, then a manufacturer or seller can no longer be held responsible for any damage. 

How An Olympia Product Liability Lawyer Will Establish Your Case

Olympia product liability lawyers will advocate for you in the event you or a loved one are faced with injuries due to a defective product. Dealing with the aftermath can be overwhelming, complex, and extensive. Some parties may even try to discredit your legitimate claim. Having a lawyer on your side can take some of the stress out of the equation, so you don’t have to shoulder legal and insurance claims on top of everything else. 

When you work with a lawyer in Olympia, WA, they will assess your injuries and the damage of the product’s faultiness to develop a strategy and lawsuit in accordance with Washington laws. They will help you gather all relevant documentation, records, photos, and videos to support your claim for restitution. They will also speak and negotiate on your behalf to ensure your rights are protected and you get the maximum compensation you may be entitled to receive. 

Types of Damages That Can Be Recovered in a Product Liability Lawsuit

In a product liability lawsuit, there are three types of damages that a person may recover for the injuries they sustained: economic, non-economic, and punitive. The aim of awarding damages is to help the injured party recover losses — such as expenses and loss of wages — in an attempt to make the person whole again to the fullest extent possible. 

Economic Damages

Economic damages are types of compensation that are awarded to replace monetary losses. According to RCW 48.140.010, economic damages can be recouped for the following losses:

• Medical expenses
• Loss of wages
• Employment loss
• Lost opportunities for business or employment
• Loss of property
• Cost to replace or repair property
• Burial costs

Non-Economic Damages

Non-economic damages are awarded for losses that are subjective and not financial in nature, according to the same Washington statute. Losses that are eligible for this type of compensation include:

• Emotional distress
• Pain and suffering
• Inconvenience
• Mental anguish
• Disability
• Disfigurement
• Loss of companionship
• Loss of consortium
• Loss of reputation
• Loss of relationship between parent and child

Punitive Damages

Punitive damages are damages that are typically awarded in addition to compensatory damages and serve as a deterrent for similar behavior in the future. However, according to the Washington State House of Representatives Judiciary Committee, punitive damages are not allowed to be sought except in very specific situations where they are clearly outlined by Washington law so as to remove any ambiguity when making a claim. 

How Much it Will Cost to Hire A Product Liability Attorney

At Putnam Lieb Potvin Dailey, you will not have to pay any fees unless we win your case. We want you to be able to focus on getting the assistance you need to recover, which is why we employ a contingency fee model. You don’t pay any legal fees until you have your compensation in hand. During our initial consultation, our product liability lawyers will walk through our pricing structure further and answer any questions you may have about it.  

Our Product Liability Attorneys Can Provide You With Representation

Putnam Lieb Potvin Dailey provides all of our clients with exceptional service and legal representation. Our team leads with expertise and compassion to provide solutions that are best suited to the individualized needs of each client. Instead of laboring to navigate the situation on their own, we take the guesswork out of the equation for them. 

Schedule a free initial consultation with us today and one of our Olympia product liability attorneys will answer your product-related questions and begin building a winning strategy for you. We endeavor to help you receive the compensation and resources you need to recover and move forward.