The Law Office of Boyd M. Mayo, PLLC

Defective Products

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Dangerous or defective products injure thousands of American consumers each year.

 

Usually, product liability claims are based on theories of negligence, strict liability, breach of contract, breach of warranty or guaranty, or under the Uniform Commercial Code.

 

Washington has adopted a pro-consumer approach to injuries caused by defective or dangerous products.  The Washington State Product Liability Act (“WPLA”) sets forth the steps to recover for such injuries, including two tests for determining whether a product is unreasonably dangerous:

 

Ordinary Expectations Test:  Does the product fail to meet the expectations of an ordinary consumer?   Stated simply, a product fails this test when it has a danger or defect that is unexpected.  Factors include:

  1. Nature of the product
  2. Claimed defect
  3. Relative cost of the product
  4. Potential harm the product may cause
  5. Cost of eliminating or minimizing the risk.

 

Risk/Utility Test:   Apply this test, we ask

  1. Was the product likely to cause the injury sustained?
  2. Did the seriousness of that injury render any warnings or instructions inadequate?
  3. Would adequate warnings or instructions prevented the injury?

If you have fallen victim to a defective or dangerous product and would like to speak with a lawyer, feel free to call Spokane consumer law firm, The Law Office of Boyd M. Mayo, at (509) 381-5091 or contact us here.