Any Product Could Be the Subject of a Liability Action
Almost any product that a consumer buys could be defective, posing potential risks of injury. If a product fails to perform as expected and causes harm, it is essential to consult a Tacoma Personal Injury Lawyer to assess whether a liability lawsuit is warranted.
Examples of products people use daily that could malfunction and lead to injuries include personal care items such as:
- Shampoos, skin creams, sunscreens, cosmetics, powders, deodorants, and other personal care items
- Household appliances, dishes, and cutlery
- Tools and machinery like lawnmowers, snowblowers, and weedwhackers
- Toys like skateboards, hoverboards, and sporting equipment
- Industrial appliances like generators or large water heaters
- Furniture Construction materials such as drywall, carpet, flooring, and decking
Defective motor vehicle components are another common concern, often leading to accidents. For instance, tire failure is a leading cause of truck crashes. Defective parts can also contribute to wrecks involving off-road vehicles and snowmobiles. In such cases, a seasoned Tacoma Personal Injury Lawyer could thoroughly investigate the accident to determine whether a defective part, product, or component played a significant role.
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What Are the States Laws for Safe Products?
The Revised Code of Washington §7.72.030 requires that products be reasonably safe as designed and that the manufacturer provides adequate warnings and instructions for the product’s safe use. A manufacturer that fails to design a safe product or provide appropriate warnings and instructions is liable to anyone injured as a result.
Proving that a product is unsafe under this statute requires a product liability lawyer in Tacoma to show that, regardless of how the item is used, it is still inherently dangerous. Similarly, a legal representative could prove a label inadequate by showing that different wording could have prevented the harm and marketed a safer product.
A manufacturer could be strictly liable if an injured person could prove that a product did not conform to the manufacturer’s warranty. Strict liability also applies if a manufacturing process or packaging error causes the product to differ from the manufacturer’s specifications.
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When to File a Product Liability Claim
In general, a plaintiff has three years to file a lawsuit against a manufacturer for a defective product. However, exceptions to the law could affect the timeframe for bringing a lawsuit. An injured person could preserve their rights by consulting a Tacoma lawyer as quickly as possible after the accident with a dangerous product.
In some cases, the damage from a defective product is not apparent immediately. For example, it might not be evident that a product caused cancer until years later. Similarly, a doctor might not immediately trace a child’s skin irritation or respiratory issues to carpeting. If this happens, an injured person can bring a lawsuit against a manufacturer within three years of the date they discovered or should have discovered that the product caused an injury.
However, if the product left the manufacturer’s control more than 12 years before the injury, an injured person cannot bring a lawsuit. The law assumes that products are no longer usable after 12 years, so the manufacturer is no longer responsible for their safety.
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