When you make a purchase at a store, there’s an implicit expectation that the product you’re buying is safe for use or consumption. However, encountering an unsafe product can not only shatter that trust but also leave you entitled to seek compensation. In order to give you a better understanding of the legal requirements to make a product liability claim against a product seller, we outlined the definition of a product liability claim and product sellers’ liability requirements.
Definition of Product Liability Claim
According to RCW 7.72.010, a product liability claim “includes any claim or action brought for harm caused by the manufacture, production, making, construction, fabrication, design, formula, preparation, assembly, installation, testing, warnings, instructions, marketing, packaging, storage or labeling of the relevant product.”
Useful Safe Life
As indicated by RCW 7.72.060, the general rule of thumb is product sellers are subject to liability during a product’s useful safe life. Useful safe life “begins at the time of delivery of the product and extends for the time during which the product would normally be likely to perform or be stored in a safe manner.” If the product seller is able to prove that the harm to the claimant was caused after the useful safe life they are not liable.
Exceptions to Useful Safe Life
Some exceptions to the general rule of useful safe life include:
- the product is warranted to be safe for use beyond its useful safe life,
- the seller intentionally misrepresents information resulting in harm to the claimant,
- the product is defective and the harm occurs during its useful safe life.
Presumption Regarding Useful Safe Life
Additionally, there is a presumption that if twelve years have passed since the delivery of the product, it is considered that the product is automatically past its useful safe life. Therefore, removing liability from the product seller.
Statute of Limitations
Finally, there is a Statute of Limitations stating that no claim can be brought if more than three years have passed since the claimant discovered the harm or during their due diligence period.
The Washington State laws and regulations described above are meant to guide individuals on when product sellers are liable for injuries caused by the use of dangerous or defective products. If you have been involved in an injury from the use of defective products, please call or email our attorneys for a free consultation at 1-800-273-5005 or attorneys@glpattorneys.com.