Holding manufacturers of defective products liable for harm in Washington
Manufacturers have a duty to ensure their products are safe. They are in the best position to test their products, review industry standards, respond to recalls, and improve their products. Consumers of personal products and work-related products rely on manufacturers. The makers and sellers of defective products are liable to the users of the products – if the products are defective, and the defects cause serious injuries or the death of a loved one.
At Telaré Law, our Richland, WA product liability lawyers work with engineers, products safety agencies, consumer agencies, and others to show that a product caused you harm. Our lawyers are skilled at showing a product was designed improperly, was made with substandard parts, or that the warnings were unclear or missing.
We’ve been fighting for Richland personal injury victims for 25 years. During that time, we’ve earned the admiration and respect of former clients, insurance companies, and the legal community. We are skilled trial lawyers. In fact, it’s our success in the courtroom that encourages adjusters to settle your claims. Don’t delay. Call us about your product liability claim today.
How can we help?
- What types of Richland product liability claims does your firm handle?
- How does product liability law work in Washington State?
- Who is liable for my Richland defective product injury?
- What is a product recall?
- Do you have a product liability lawyer near me?
What types of Richland product liability claims does your firm handle?
Defective products that can cause serious injuries or death come in all shapes and sizes. Telaré Law, our Tri-Cities personal injury lawyers represent victims and families when the following types of defective products cause accidents:
- Car parts. Any defective part that affects the control of the car or the safety of the passengers may justify a products liability lawsuit. Examples include defective brakes, fuel lines, ignition switches, seat belts, car seats, and airbags.
- Truck parts. Examples of defective truck parts include trailer hitches, cargo devices, hydraulic systems, electric systems, and blind-spot technology.
- Motorcycle parts. Defective motorcycle parts include gear shifters, frames, handlebars, engines, and many other motorcycle parts.
- Toys, furniture, and clothing for children. Children can suffocate from plastic bags, or if they swallow small objects. Many products such as cribs, car seats, strollers, and clothing have been subject to recalls due to balance problems, electrocution problems, exposure to dangerous chemicals, and other dangers.
- Household products. Many problems around the home may be toxic or can easily catch fire. Examples include heaters, microwaves, fans, paints, and cleaning products.
- Work products. Whether the products are for professional jobs or hobbies, defective power tools, forklifts, machines, and equipment can cause users to suffer burns, electrocution, head trauma, traumatic amputation, and other catastrophic injuries or death.
Other known defective products include medical products, drugs, foods, and batteries.
How does product liability law work in Washington State?
Washington state has a very specific product liability law: RCW 7.72.030 defines the liability of manufacturers. The statute addresses the issues of negligence, strict liability, and breach of warranty of a manufacturer.
- A product manufacturer is subject to liability to a claimant if the claimant’s harm was proximately caused by the negligence of the manufacturer in that the product was not reasonably safe as designed or not reasonably safe because adequate warnings or instructions were not provided.
- 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: PROVIDED, That a firearm or ammunition shall not be deemed defective in design on the basis that the benefits of the product do not outweigh the risk of injury posed by its potential to cause serious injury, damage, or death when discharged.
- A product is not reasonably safe because adequate warnings or instructions were not provided with the product, 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, rendered the warnings or instructions of the manufacturer inadequate and the manufacturer could have provided the warnings or instructions which the claimant alleges would have been adequate.
- A product is not reasonably safe because adequate warnings or instructions were not provided after the product was manufactured where a manufacturer learned or where a reasonably prudent manufacturer should have learned about a danger connected with the product after it was manufactured. In such a case, the manufacturer is under a duty to act with regard to issuing warnings or instructions concerning the danger in the manner that a reasonably prudent manufacturer would act in the same or similar circumstances. This duty is satisfied if the manufacturer exercises reasonable care to inform product users.
- A product manufacturer is subject to strict liability to a claimant if the claimant’s harm was proximately caused by the fact that the product was not reasonably safe in construction or not reasonably safe because it did not conform to the manufacturer’s express warranty or to the implied warranties under Title 62A RCW.
- 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 some material way from otherwise identical units of the same product line.
- A product does not conform to the express warranty of the manufacturer if it is made part of the basis of the bargain and relates to a material fact or facts concerning the product and the express warranty proved to be untrue.
- Whether or not a product conforms to an implied warranty created under Title 62A RCW shall be determined under that title.
- In determining whether a product was not reasonably safe under this section, the trier of fact shall consider whether the product was unsafe to an extent beyond that which would be contemplated by the ordinary consumer.
Our lawyers understand these complex terms. Generally, manufacturers of products can be held liable if the design is defective, the workmanship is defective, or the warnings are inadequate or unclear. We work with professionals who understand your product, why your product didn’t work, and why the manufacturer should be held responsible.
Who is liable for my Richland defective product injury?
While the manufacturers are the primary targets, distributors and sellers of defective products may also be liable for your injuries or the death of a loved one. Repair and maintenance companies may also be responsible.
What is a product recall?
Some dangerous products are subject to recalls. The recalls are usually issued because there are incidents where someone was injured or killed while using the product. The recalls may be issued by the manufacturer. Many recalls are issued by the U.S. Consumer Product Safety Commission and the National Highway Traffic Safety Administration. Once a federal agency issues the recall, the company may also issue a recall.
A product does not have to be subject to a recall to file a claim. Many dangerous products are not recalled. There are advantages to product recalls:
- The recall acts as evidence that the product was, and is, dangerous.
- The recall puts the manufacturer on notice that their product is defective. Manufacturers who fail to provide remedies and properly notify consumers about a dangerous product may be liable for punitive damages.
Do you have a product liability lawyer near me?
At Telaré Law, we have offices in Richland and Kennewick. Our Richland office is located at 1321 Columbia Park Trail, Suite B, Richland, WA. We also arrange to see clients away from the office if they are not mobile or ill.
Contact our seasoned Richland product liability lawyers now
You have the right to expect the products you use will work. When products cause injuries or deaths, the manufacturers should be held accountable for their defective products. Manufacturers make good profits. The price for those profits shouldn’t be your pain. At Telaré Law, we demand responsible manufacturers pay your medical bills and lost income – and that they compensate you for your pain and suffering and other damages.
To discuss your claim with experienced Richland product liability lawyers, call us at (509)-737-8500 or complete our contact form to discuss your lawsuit. We proudly represent accident victims who live in Richland, Pasco, Walla Walla, Pullman, Othello, Moses Lake, Ritzville, and all Southeast Washington.
