Washington Complaint regarding Product Liability - Household Cleanser
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How to fill out Complaint Regarding Product Liability - Household Cleanser?
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The Washington Product Liability Act of 1981 (WPLA), RCW Chapter 7.72, was designed to simplify the adjudication of product liability claims, since the statutory cause of action subsumes all other causes of action ?based on any other substantive legal theory except fraud, intentionally caused harm or a claim or action ...
Products liability claims can be based on negligence, strict liability, or breach of warranty of fitness. This will typically depend on the jurisdiction within which the claim is based, due to the fact that there is no federal products liability law.
More than one party can be held liable for the damages caused by a defective product. Apart from the manufacturer, the designer, the wholesaler, the retailer, and the other parties in the chain of distribution can be held liable for a product liability claim.
In such cases, victims can file a product liability claim against the party responsible in order to recover compensation for losses related to injuries and damage. There are three major types of product liability: manufacturing defects, designs defects, and failure to warn.
You and your attorney must provide evidence of injury, death, or property loss to demonstrate the existence of the defect, such as medical records, police reports, and eye witness testimonies. The product was defective. A personal injury lawyer must prove the existence of a defect.
In general, an injured party must prove that the product was defective or dangerous at the time when it left the possession or control of the defendant. The seller is not liable for injuries caused by parties' mishandling or other actions that make the product harmful at the time it was consumed by the purchaser.
Negligence/Risk-Utility Test A Washington court can hold a company liable for defective product claims if the plaintiff can prove that the chance of an injury multiplied by the seriousness of the potential injuries is more costly than it would be for the company to use an alternative, safer product design.
RCW 7.72. 060(3) sets a three-year statute of limitation for products liability cases. The statute starts running from the date you discovered or should have discovered that you were injured by a product.
