Not every product that causes injury gives you grounds for a lawsuit. Washington law is pretty specific about what counts as a defect. You'll need to prove something went wrong during design, manufacturing, or marketing. Knowing the difference between these categories matters when you're trying to figure out if you've got a valid claim.
The Three Types Of Product Defects
Washington recognizes three distinct ways products can be defective. Each one requires different proof.
Design Defects
Some products are dangerous from the start. The design itself creates risks, even when everything's manufactured perfectly. Every single unit that rolls off the assembly line has the same problem. Think about a ladder with an inherently unstable base. Doesn't matter if it's built exactly to specifications. The design puts every customer at risk. Courts look at whether manufacturers could've designed something safer. If a better alternative existed that wouldn't drastically increase costs or kill functionality, the original design might be defective. Herschensohn Law Firm, PLLC represents people who've been seriously hurt because companies chose risky designs over safer options.
Manufacturing Defects
These defects happen during production when individual products don't match their intended design. Unlike design defects that affect everything, manufacturing problems usually show up in specific units. Maybe one bicycle frame has a faulty weld while thousands of others are fine. These cases can be more straightforward. The manufacturer's own blueprints show what the product should've been. When reality doesn't match those specs, and someone gets injured, proving liability becomes easier.
Failure To Warn
Products can be defective simply because they don't include adequate warnings. Manufacturers have to tell consumers about dangers that aren't obvious during normal use. You'll see warning failures in situations like:
- Instructions that don't explain how to operate something safely
- Missing information about known side effects
- No guidance on proper assembly
- Absent warnings about risks to kids or pregnant women
The warning has to actually communicate the danger. A vague "use caution" doesn't cut it if consumers can't understand the specific risk they're facing.
Proving A Product Was Defective
Washington follows strict liability in many product cases. That means you don't always have to prove the manufacturer was negligent. You just need to show that the product was defective and that the defect caused your injury, but here's where it gets complicated. Proving a defect usually requires technical evidence. You'll probably need experts who can testify about industry standards, engineering principles, or how manufacturing should work. Documentation showing other people had problems with the same product really strengthens your case. A Seattle Product Liability Attorney knows how to gather this evidence and connect with specialists who understand product testing and safety standards.
When Modifications Affect Liability
Did you alter the product after buying it? That can complicate things. If you made substantial changes that affected how it worked or removed safety features, manufacturers might argue they shouldn't be held responsible for what happened next. Washington courts ask whether your modifications were foreseeable. Should the manufacturer have anticipated certain changes and designed for them? If so, they might still be liable. But if you made significant alterations that created entirely new dangers, you're probably going to have trouble holding the company responsible.
The Role Of Assumption Of Risk
Using something in an obviously dangerous way can limit what you recover. Washington recognizes that people who knowingly face clear hazards have assumed certain risks. This defense has limits, though. Manufacturers can't escape liability just because a danger was visible. Was the specific risk apparent? Did you voluntarily choose to face it? Those are the real questions. Hidden defects don't count as assumed risks. Neither do dangers that only someone with technical expertise would recognize.
Time Limits For Filing Claims
You've got three years from your injury date to file a product liability lawsuit in Washington. The statute of limitations is strict about this deadline. Miss it, and you'll lose your right to compensation, period. Doesn't matter how serious your injuries are or how obvious the defect was. Some injuries don't show up right away. In those cases, the clock might start when you discovered the harm and its connection to the defective product, or when you reasonably should've discovered it.
Seeking Compensation For Defective Products
Product defect cases often involve significant damages. Medical bills add up fast. You've got lost wages if you can't work. There's pain and suffering to consider. Permanent disability changes everything about your future. Severe injuries from defective products sometimes justify substantial compensation awards.
If you think a defective product injured you, documentation becomes everything. Keep the product itself. Save all packaging and instructions. Hold onto receipts. Gather medical records that link your injury to using the product. A Seattle Product Liability Attorney can review what happened and help you figure out whether you've got grounds for a claim and what fair compensation might look like. Contact us today.
