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Product liability claims can arise from various types of defective products. At Kapuza Lighty, PLLC, our defective product lawyers are experienced in handling a wide range of product liability cases.
Some common examples of products involved in defective product lawsuits include:
- Pharmaceutical drugs
- Medical equipment
- Motor vehicles and auto parts
- Industrial equipment
- Consumer appliances
- Electronics
- E-cigarettes and vaping devices
- Children’s toys
- Other household products
Any product can have a defect that causes harm to you or someone you love. In product liability cases, there are three main types of defects that may give rise to legal claims:
- Design Defects
- Manufacturing Defects
- Failure to Warn
If you’ve been harmed by a defective product, our experienced attorneys can help you understand which type of liability applies to your case and guide you through the legal process.
In 1981, the Washington state legislature enacted the Washington Product Liability Act (WPLA), which aims to create a uniform and fair system for protecting consumers from defective products. The WPLA helps streamline these cases in the legal system, but it is also known for being a complex law.
Most defective product claims in Washington are brought under the WPLA, and the Act provides several different legal theories for establishing liability. These theories include:
Risk Utility Formula
This formula allows victims to prevail if they can demonstrate that an alternative product design would have been less expensive for the company than the total cost of the injuries caused by the dangerous product.
Consumer Expectations
Under this theory, victims can hold companies accountable if the product is substantially more dangerous than what a reasonable consumer would expect.
Lack of Warnings/Instructions
Companies can also be held liable if their product labels lack proper warnings or if the instructions are inadequate, putting consumers at risk.
Breach of Warranty
In certain cases, companies may be held liable under Washington’s contract law if they breach warranties related to the safety or quality of a product.
If you’re able to prove the key elements of your defective product claim, you could recover the compensation you deserve for your losses. In these cases, your losses generally fall into two main categories, both rooted in the legal concept of damages:
Economic Damages
These include the costs of medical treatment for your injuries, such as hospital bills, doctor’s visits, and ongoing therapy, as well as any income you lose from being unable to work during your recovery.
Noneconomic Damages
These refer to your subjective losses, which encompass pain and suffering, the impact on your personal relationships, and emotional distress caused by the accident and your injuries.
Estimating the right amount of compensation can be complex, but an experienced motorcycle accident lawyer in Yakima knows exactly how to handle it. For instance, our team will request copies of all your medical bills and receipts, and if you’re self-employed, we’ll review your paystubs or profit-and-loss statements to understand the full scope of your financial losses. This helps us accurately calculate your economic damages.
When it comes to noneconomic losses, we rely on our experience. Having represented countless clients, we know how a jury evaluates claims related to pain and suffering or emotional distress. In many cases, our clients are able to secure several times the amount of their economic damages in pain and suffering compensation.
Common Defective Product Questions
How do I know if I have a valid defective product case?
To have a valid defective product case, you must show that the product caused you harm due to a design flaw, a manufacturing defect, or a failure to include proper warnings or instructions. Additionally, you must prove that you used the product as intended or in a reasonably foreseeable way. Consulting an experienced attorney can help you determine if your case meets these requirements.
Can I still file a claim if I wasn’t using the product exactly as intended?
Yes, you may still be able to file a claim if your use of the product was reasonably foreseeable. For example, if a product lacked warnings about a potential hazard that could arise from a common misuse, the manufacturer or distributor may still be liable for your injuries. This is a nuanced issue, so it’s important to discuss your situation with a product liability lawyer.
What should I do if the company offers me a settlement?
If a company offers you a settlement after you’ve been injured by a defective product, you should consult an attorney before accepting it. While the offer may seem fair initially, it often doesn’t account for all of your damages, including future medical costs or long-term effects. An attorney can evaluate the offer and negotiate on your behalf to ensure you receive the compensation you deserve.
Do I need to keep the defective product as evidence?
Yes, keeping the defective product is crucial. It serves as key evidence in your case, helping to demonstrate how the defect caused your injuries. You should store the product in a safe place and avoid making any alterations to it. If you’re unsure how to preserve the product, your attorney can provide guidance.
What if I can’t afford a lawyer for my defective product case?
Many product liability attorneys, including us here at Kapuza Lighty, PLLC, work on a contingency fee basis. This means you won’t pay any legal fees unless your case is successful, and your attorney will only collect a portion of your recovery. This arrangement ensures that financial barriers don’t prevent you from seeking justice for your injuries.
Can I file a defective product claim even if no one else has reported problems with the product?
Yes, you can still file a claim if you’re the only known victim of a defective product. Just because no one else has come forward doesn’t mean the product isn’t dangerous. Your attorney will investigate the circumstances of your case, including whether similar incidents have occurred, to build a strong argument for your claim.
