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Holding manufacturers accountable for defective products in WA
Manufacturers make a fortune from the products they sell. That profit comes with a price. Manufacturers are responsible for ensuring the safety of their products. The makers of commercial and consumer products are in the best position to design their products, use quality parts, test their products, and respond to complaints. There’s no excuse for product defects. The products manufacturers sell need to work all of the time or have clear warnings about known dangers.
At Telaré Law, our Kennewick, WA product liability attorneys work with a network of product safety experts, engineers, and technology professionals who have the credentials to show a product is defective. We file strict liability claims (that do not require a need to prove fault), negligence actions (that do require showing fault), and breach of warranty claims against the manufacturers. We have been fighting for personal injury victims for several decades. Our lawyers have a strong record of jury verdicts. We settle many cases because adjusters know we are persuasive trial lawyers.
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How can we help?
- What types of defective product claims do you handle?
- What are Washington State’s product liability laws?
- Who else is liable when defective products cause harm in Kennewick?
- How does a product recall affect my Kennewick injury claim?
- Do you have a product liability lawyer near me?
What types of defective product claims do you handle?
Different types of products cause different injuries to different people. Our Kennewick product defect lawyers represent accident victims and families when the following types of products are defective:
- Car parts.Parts that may be defective on cars are airbags, fuel lines, seat belts, steering systems, tires, ignition switches, accelerators, and brake systems.
- Truck parts.Defective truck parts include hydraulic systems, electric systems, trailer hitches, tires, and cargo security devices.
- Motorcycle parts.Defective products include handlebars, frames, engines, and many other motorcycle components.
- Children’s toys and clothes.Manufacturers need to be extra cautious because children may die if they suffocate on plastic bags or suffer serious injuries if they swallow small items. Car seats, strollers, clothing, furniture, and cribs are some of the many children’s products known to be dangerous.
- Household products.Examples include microwaves, heaters, and fans that may cause a fire. Household cleaners may be toxic.
- Equipment, machinery, and tools.Many construction workers and other workers may be injured by defective power tools, electronic equipment, heavy machinery, and equipment with moving parts.
Other defective products include medical devices, medications, lithium batteries, foods, and drinks.
What are Washington State’s product liability laws?
Washington state law, RCW 7.72.030 defines the liability of manufacturers for defective products.
- Negligence.A manufacturer is liable for any harm that is due to the “negligence” of a manufacturer – “in that the product was not reasonably safe as designed or not reasonably safe because adequate warnings or instructions were not provided.” There are different factors for determining the safety of a product:
- “A product is not reasonably safe as designed, if, at the time of manufacture, the likelihood that the product would cause the claimant’s harm or similar harms, and the seriousness of those harms, outweighed the burden on the manufacturer to design a product that would have prevented those harms and the adverse effect that an alternative design that was practical and feasible would have on the usefulness of the product.” This definition generally does not apply to firearms or ammunition.
- A product is also not reasonably safe if the product did not include adequate warnings or instructions – based on the likelihood the product would cause harm and the seriousness of the harm.
- The manufacturer failed to provide adequate warnings or instructions, after the product was manufactured, where the manufacturer learned, or should have learned, that the product was dangerous – such as when the company is alerted to a federal recall, or there are complaints about the safety of the product by users and the public.
- Strict liability.A manufacturer is “strictly liable” to a claimant if the harm was proximately caused by:
- “The fact that the product was not reasonably safe in construction.”
- “The product was not reasonably safe because it did not conform to the manufacturer’s express warranty or to the implied warranties under Title62ARCW.”
- “A product is not reasonably safe in construction if, when the product left the control of the manufacturer, the product deviated in some material way from the design specifications or performance standards of the manufacturer,” or deviated in a major way from other identical products.
- The product doesn’t conform to an express warranty or an implied warranty – under the terms of the statute.
- When deciding whether a product was not reasonably safe, the jury or judge should “consider whether the product was unsafe to an extent beyond that which would be contemplated by the ordinary consumer.”
- We work with different experts who are skilled at determining whether the product that caused your injuries is defective. We choose experts who are also experienced in writing reports and testifying in court.
Who else is liable when defective products cause harm in Kennewick?
It’s not just manufacturers who may be liable for defective products. Some of the businesses and individuals that may be liable for your serious injuries or the death of a loved one include:
- The distributors
- Any retailer that sells the product
- Repair companies that fail to make proper repairs
For example, if your child is injured when a bicycle fork breaks, the defendants may include the manufacturer, the distributor, the business that sold the bicycle to you, and a bicycle repair business if you or someone brought the bicycle to the repair company for an overall inspection.
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How does a product recall affect my Kennewick injury claim?
There is no requirement that a product be subject to a recall in order to file a claim. The existence of a recall just adds to the evidence needed to show the product was defective – and the manufacturer failed to protect your safety.
Our Kennewick product liability lawyers review whether the product that caused your injury was subject to a recall by a federal agency. Some of the agencies that may issue recalls include the US Consumer Product Safety Commission and the National Highway Traffic Safety Administration. Companies can issue their own recalls.
Do you have a product liability lawyer near me?
At Telaré Law, we have offices in Kennewick at 819 South Auburn St. and in Richland. If you’re not mobile or ill, we will meet you at your home or a hospital.
Call a highly-respected Kennewick product liability lawyer today
Product defects can cause head trauma, spinal cord damage, severe burns, amputations, multiple fractures, and other severe injuries. At Telaré Law, we work quickly to examine the product that caused your injuries or the death of a loved one. We understand the different theories for filing a product liability claim. Our Kennewick product liability lawyers are admired for our ability to anticipate the arguments of the defense lawyers and adjusters.
To assert your right to hold manufacturers and other defendants accountable, call our Kennewick injury lawyers at 509-737-8500 or complete our contact form to discuss your lawsuit in a free consultation. Our Kennewick trial lawyers represent accident victims who live in Kennewick, Richland, Pasco, Walla Walla, Pullman, Othello, Moses Lake, Ritzville, and all Southeast Washington.