Any time you buy a product in a retail store or through an online seller, that product will be reasonably safe so long as you follow the manufacturer’s instructions for use. Unfortunately, not every product sold to Washington State residents meets this simple standard, and sometimes that kind of negligence by product manufacturers leads to customers suffering serious injuries.
If you got hurt by a dangerous product, you should strongly consider speaking with a personal injury attorney as soon as possible. You may have grounds to seek civil compensation for all your injuries and losses, and assistance from a Federal Way defective products lawyer could be key to getting you the financial recovery you deserve.
The company responsible for manufacturing a defective product may bear liability based on legal negligence or strict liability for damages a user suffers from that product, depending on the exact nature of the defect. A Federal Way defective products attorney could help establish what grounds for litigation a particular injury victim might have and what options for recovery they may have as a result.
According to Revised Code of Washington §7.72.030(1), a product manufacturer may be held liable for negligence leading to a product having a defective design or not having appropriate instructions and/or warnings for proper use. A product’s design is defective only if a safer alternative design was feasibly available. Additionally, if a manufacturer fails to provide updated instructions for use following the discovery of a potentially dangerous condition, they may be liable for ensuing damages suffered by customers.
Conversely, R.C.W. §7.72.030(2) makes product manufacturers strictly liable for injuries to consumers stemming from unsafe construction of a safely designed product, as well as for violation of an express or implied manufacturer warranty. Both deviations from a product’s standard design and deviations from other incarnations of the same product constitute manufacturing defects.
If someone injured by a defective product can prove the product’s manufacturer liable in any way for their injuries, they may be eligible to recover for various types of damages. Recoverable economic damages typically center around bills for past and future medical care, but may also include lost wages from time missed at work, costs of replacing or repairing damaged personal property, and loss of future earning capacity due to permanent injury. Non-economic damages, on the other hand, generally revolve around a plaintiff’s physical and emotional pain, potentially including long-term loss of enjoyment of life.
However, even someone with valid grounds for a claim against a product manufacturer may be unable to recover compensation if they do not adhere to the filing deadline set by the statute of limitations. According to Revised Code of Washington §4.16.080, anyone seeking damages related to personal injuries has a maximum of three years after the date they discovered their injuries in which to get their case started.
Although state law does allow consumers to hold product manufacturers responsible for damages stemming from unreasonable defects in their products, successfully demanding civil compensation from a massive manufacturing corporation is almost always a challenging endeavor. If you are not prepared for your claim with extensive evidence of fault and strong legal representation on your side, you will likely have slim odds of getting the recovery you need for the damages you experienced.
Your first priority before pursuing a product liability claim should be talking to a Federal Way defective products lawyer about the best way to approach your case. Schedule your first consultation by calling today.