Have You Been Injured By a Defective or Dangerous Product?
If you or someone you love has been injured by a dangerous or defective product, contact the Washington product liability attorneys at Van Law Firm after you’ve addressed any immediate medical concerns. By enlisting our help, you can recoup money for medical expenses, lost wages from time spent away from work, and non-economic losses such as any pain and suffering the product caused.
This should come as no surprise, but manufacturers and retailers don’t always make decisions with consumers’ health in mind. Companies are responsible for ensuring the safety of their products, and stores are responsible for removing any product that has been deemed unsafe. However, it is unfortunately all too common that financial concerns prevent these obligations from being properly fulfilled. To make matters worse, when consumers do get injured by these products, insurers and manufacturers skimp on paying proper compensation because of those same concerns.
Our mission is to do all we can to keep Washingtonians safe and healthy. When you work with our lawyers, we make sure that the at-fault parties are held accountable for the injuries you’ve sustained, and that they prevent these hazards from causing any future damage.
Product Liability in Washington
Under the Washington Product Liability Act of 1981 (WPLA), the following product liability theories are recognized in the state:
- Average Consumer Expectation: This theory posits that a product can be deemed unsafe if the “ordinary consumer” would consider it to be unsafe. Under this theory, plaintiffs do not need to show that an alternative design was attainable.
- Breach of Warranty: If the product in question was sold and marketed with a warranty, and a plaintiff is injured due to a breach in that warranty, the company selling the product can be held responsible for any damages.
- Risk-Utility Test: The “risk-utility formula” can be applied to any product that is potentially defective or dangerous. Essentially, if a claimant is able to show that the product’s risk of injury multiplied by the severity of these potential injuries is more costly than simply creating a new design, then state courts may hold the company liable for damages.
- Insufficient Warning: Each product is required to come with up-to-date and relevant warning labels and instructions. In addition, companies are expected to contact customers if an issue arises in the future (for example, auto makers contacting consumers about part recalls). If the labels or warnings are deemed to be misleading, incomplete, or irrelevant, companies can be found legally responsible for consumers’ injuries.
Recovering Compensation for Defective/ Dangerous Products
It’s all too common for companies to deter, deny, and delay claims about their products and the harm they caused. In most cases, they will try and diminish the severity of injuries or claim that a product is not dangerous, but has simply been misused or somehow compromised. This is the last thing you want to hear when you are stressed about your ailments.
At Van Law Firm, we’re familiar with the ins and outs of Washington’s product liability doctrine, and we have all the resources necessary to prove your case, whether it involves defective designs, errors in manufacturing, or other factors. Our attorneys are extremely skilled in recovering numerous types of reimbursement, including:
Pain and suffering
Loss of enjoyment
Examples of Common Defective Products
Washington residents may be exposed to defective products of all forms and types. Plaintiffs may sue the makers of the car they drive, the medications they take, the food they eat, or the products they use. There are some products that are more commonly litigated than others, and they include:
- Defective and dangerous drugs such as Zantac, Valsartan, Elmiron, and more
- Defective medical devices such as hernia mesh, IUDs, IVC filters, and implantable defibrillators
- Defective products such as Roundup weed spray, 3M earplugs, and Takata airbags
Let us help you!
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