We rely on products every day to work, travel, cook, exercise, care for our families, and manage our health. We expect those products to work as intended and to provide the information and warnings necessary to use them safely. When a defective product causes an injury, the consequences can be life-changing. A defective medical device can lead to additional surgery or permanent complications. A faulty vehicle part can turn a routine drive into a serious collision. A dangerous medication can cause unexpected health problems or long-term medical complications. Product liability is the area of personal injury law that addresses injuries caused by defective or unreasonably unsafe products. Under Washington’s Product Liability Act, a defect can involve the way a product was designed or manufactured, as well as inadequate warnings, instructions, packaging, or labeling. Importantly, a product does not have to look defective to be dangerous. The problem may be hidden in the design, arise during manufacturing, or involve a risk that was not properly disclosed to consumers. Product liability claims can involve everything from medical devices and medications to vehicles, tools, appliances, children’s products, and recreational equipment.
At The James Hawkins Firm, we understand that behind every product liability claim is a person dealing with the consequences of a serious injury. We take the time to understand how your injury has affected your health, your work, and the life you were living before it happened. We represent individuals throughout Washington injured by defective products, helping them understand their legal options and pursue the compensation they deserve.
Defective products can be found across nearly every part of daily life, from products used at home and work to those used for medical care, transportation, and recreation. Some of the products that can give rise to a product liability claim include:
Defective implants, surgical instruments, infusion pumps, prosthetic devices, orthopedic products, diagnostic equipment, and other medical devices can cause serious complications, additional procedures, infections, organ damage, or permanent injury.
A medication can cause harm because of inadequate warnings, dangerous side effects, contamination, manufacturing problems, or other defects. Some claims also involve situations where important risks were not adequately communicated to patients or healthcare providers.
Children’s products can cause serious injuries when they contain choking hazards, dangerous chemicals, defective components, unsafe designs, or inadequate warnings.
Defective brakes, tires, airbags, seat belts, steering components, fuel systems, and other vehicle parts can increase crash risk or make an otherwise survivable collision much more dangerous.
Defective furniture can collapse, tip over, break, or otherwise cause falls, crush injuries, fractures, and other serious harm.
Power tools, industrial equipment, construction equipment, and other machinery can cause devastating injuries when safety features fail, components break, or the equipment is defectively designed or manufactured.
Stoves, dryers, refrigerators, washing machines, power tools, and other household appliances can cause burns, electrical injuries, fires, explosions, or other dangerous incidents when they contain defects or lack adequate safety warnings.
Bicycles, helmets, exercise equipment, climbing equipment, protective gear, and other recreational products can cause severe injuries when they fail during ordinary and foreseeable use.
Personal care products, electronics, household products, children’s goods, and other consumer products can also result in injury when they are defective or inadequately labeled or warned.
The key question is not simply whether a product caused an injury; the circumstances surrounding the product, the defect, how it was used, and the connection between the defect and the injury all matter.
Injuries from defective products can range from temporary conditions to catastrophic, permanent harm. Depending on the product and the circumstances, an injury can involve:
The impact can also extend well beyond the initial physical injury. A person who suffers a catastrophic injury may be unable to return to the same job or may need assistance with everyday activities. A medical device complication may require additional surgery and years of treatment. A brain injury may affect memory, concentration, communication, or personality. A permanent physical injury can change how someone works, travels, participates in activities, or cares for their family. That is why evaluating a product liability claim requires looking beyond the initial medical diagnosis. The real impact of an injury can become clearer over time.
Washington law generally addresses three major types of product defects: design defects, manufacturing defects, and inadequate warnings or instructions.
A product can be defective if its design creates an unreasonable safety risk. In evaluating a design-defect claim, Washington law considers factors including the likelihood and seriousness of the harm, the burden of creating a safer design, and whether a practical and feasible alternative design was available. In other words, the problem is not necessarily that one particular product was made incorrectly. The problem can be that the product was designed in a way that made the danger foreseeable and avoidable.
A manufacturing defect occurs when an individual product or component departs from the manufacturer’s design specifications or otherwise differs materially from other products in the same line. For example, a manufacturer could have a safe design for a vehicle component, but a particular batch could be improperly assembled or manufactured. If that defect causes an injury, the manufacturer can face liability under Washington law.
A product can also be considered unsafe when it lacks adequate warnings or instructions. This can include situations where a manufacturer knew (or reasonably should have known) about a danger after the product entered the market and failed to provide appropriate warnings or instructions to users. This is especially important for products that carry risks an ordinary consumer would not reasonably expect.
Determining who is responsible is not always as simple as looking at the name on the product. Washington’s Product Liability Act defines a product seller broadly. Depending on the circumstances, the parties involved can include manufacturers, wholesalers, distributors, retailers, and certain other businesses involved in bringing a product to consumers.
The manufacturer is often an important party in a product liability claim, particularly when the injury involves a defective design, manufacturing defect, or inadequate warning. A seller or distributor can also be responsible in certain circumstances. Washington law generally limits a non-manufacturer seller’s liability. Still, it provides specific exceptions, including situations involving the seller’s negligence, express warranty, intentional misrepresentation or concealment, certain relationships with the manufacturer, or situations where the seller marketed the product under its own brand. That means you shouldn’t assume the manufacturer is the only party worth pursuing, or that the store where you bought the product is automatically responsible.
Yes. Washington’s Product Liability Act does not require the injured person to have purchased the product directly from the manufacturer or seller. The statute expressly allows a product liability claim even when the claimant did not buy the product from, or enter into a contractual relationship with, the product seller.
This can matter in many real-world situations. For example, you could be injured by a defective vehicle that belongs to someone else, hurt by a defective tool at work, injured by a household appliance purchased by another family member, or harmed by a product provided to you rather than purchased directly.
What matters is the connection between the defective product and the harm, not simply whose credit card was used to purchase it.
A product liability case requires more than showing that a product caused an injury. The claim generally centers on whether the product was not reasonably safe under the applicable legal standard and whether that condition caused the harm. That can require examining the product itself, how it was designed or manufactured, its warnings and instructions, how it was marketed, how it was used, and what happened when the injury occurred.
In some cases, qualified experts must preserve and examine the product. Engineering analysis, medical opinions, testing, manufacturing records, safety documentation, product instructions, recall information, and other technical evidence can become important. The James Hawkins Firm takes the time to understand both sides of the claim: what happened to the product and what happened to you.
When a defective product causes an injury, the compensation available depends on the facts of the case and the losses involved. A claim can include compensation for:
This issue arises all too often in product liability cases. Manufacturers and their insurers may argue that an injury occurred because a product was misused, modified, improperly maintained, or used in a way that was not reasonably foreseeable. The circumstances matter. A product is not automatically free from liability simply because the manufacturer claims that the consumer did something wrong. Washington law also recognizes comparative fault principles, meaning an injured person’s conduct can affect the amount recovered in some cases. The facts surrounding how the product was used therefore need careful evaluation rather than acceptance at face value.
A recall can be important evidence, but it does not automatically determine whether you have a valid product liability claim. A recall can help identify a known safety issue, but the timing of the recall, the specific product involved, the nature of the defect, and the relationship between the defect and your injury all matter. If you believe a product that injured you has been recalled, keep the product, packaging, receipts, instructions, photographs, and other related materials if it is safe to do so. Do not throw the product away simply because you no longer intend to use it. Preserving the product can be especially important when you need to examine its condition.
Product liability claims have specific deadlines, and waiting can create problems. Under Washington’s Product Liability Act, a claim generally cannot be brought more than three years after the claimant discovered, or in the exercise of due diligence should have discovered, the harm and its cause, subject to applicable tolling and other provisions. Washington law also addresses a product’s useful safe life. In certain circumstances, a presumption arises when harm occurs more than 12 years after delivery. However, the statute contains exceptions and other provisions that can affect how the rule applies. Because product liability cases can involve different deadlines and complex factual questions, it is better to discuss a potential claim with our team sooner rather than assume you have plenty of time.
A defective product claim can differ greatly from a typical personal injury case. Evidence may include engineers, manufacturers, distributors, medical professionals, testing records, technical documents, product warnings, and industry standards. But behind it all is a person who used a product they expected to be safe. At The James Hawkins Firm, we focus on you and your journey, not just the product that caused your injury.
We stay in communication throughout your case, explain what is happening in terms you can understand, and make sure you know where things stand. We take the time to understand how your injury has affected your health, work, family, and future.
We also understand that you should not have to take on a manufacturer or insurance company while you are trying to recover. Our job is to handle the legal process, advocate for your interests, and fight for the compensation you deserve.
Every case is different. Some claims require extensive technical investigation, while others turn on warnings, manufacturing records, or the circumstances surrounding a particular product. We build our approach around your situation rather than treating every case the same.
You do not need to know exactly what went wrong or whether you have a product liability case before reaching out. If a product caused you or someone you love serious harm, a conversation with a member of the James Hawkins Firm can help you understand your rights and available options. Contact us today for a free consultation. Let us know what happened, and we’ll help you understand what comes next.
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