Product Liability Lawyers in Vancouver
We have a lot of trust in the products we use every day, from our cars to prescription medications, over-the-counter drugs, cellphones and computers. We not only trust that these products will work but that they will not cause us to suffer injuries, including potentially fatal injuries. Unfortunately, that trust is often misplaced, and product users suffer injuries. When products cause injuries because of the negligence of the manufacturer or seller, victims may be able to pursue claims against these entities to recover compensation for damages. The Vancouver product liability lawyers at Rizk Law have detailed knowledge of Washington's Products Liability Act and how manufacturers and sellers can be held liable. Contact us today to discuss your injuries, the product's role in those injuries and your legal options moving forward.
There is limited time to file a case so it is best to contact us right away. The sooner you contact us, the sooner we can get to work. This can also help us as we try to build a strong case in defense of your best interests. Your consultation is completely free and there is no obligation to move forward. If you do, you will not have any legal fees unless you are compensated first.
Contact a Vancouver product liability lawyer at our firm today. Call 503.245.5677.
What Kinds of Cases Do We Handle?
There are a wide variety of product liability cases, and this is not just because there are so many different kinds of products that can cause injuries to consumers. Product liability cases involve a huge variety of defects and design problems, along with inadequate warnings and poor construction of the product in question.
However, these cases can usually be divided into one of three main categories:
Sometimes an entire batch of products is dangerous to consumers simply because of the way it was designed. The design of the product makes it inherently dangerous to consumers, no matter what safety precautions users take. You often see claims of defective design in cases involving defective medical devices. These lawsuits claim if the device was designed differently it would not have failed or caused patients to suffer serious injuries.
One of the key aspects of a defective design case is proving that the designer could have made the product differently and this would have been economically feasible.
This is a case involving problems with a product that came up during manufacturing. This means that an entire batch of products is not defective, only a certain number of units of the product are a problem.
In these cases, victims are not claiming that the original design of the product is flawed. Instead, they are saying something happened when the product was assembled that made the product not conform to the intended design. In other words, if the product was assembled as intended, it could have been used as intended and not failed or put the user at risk of harm.
Failure to Warn
Some products are inherently dangerous, which is why they come with warnings to help prevent users from hurting themselves. You often see these claims made in cases involving defective medications, like Onglyza or Xarelto.
However, sometimes products do not warn about all of the dangers of using them, and if there are warnings, they do not convey the severity of the potential injuries that could occur. Sometimes warnings do not tell people to avoid using the product in certain ways that could be harmful.
If you were injured by a defective product because of design or manufacturing problems, or a lack of proper warnings, contact our Vancouver product liability lawyers today for a free, no obligation legal consultation. We can manage the entire process on your behalf, keeping you informed, answering your questions, and explaining anything you can do to help strengthen your case or help us fairly value your damages.
Washington Products Liability Act
Under state law, a product liability claim is defined as any legal action concerning harm caused by a product. This includes harm caused by the following:
This includes any legal claims that are based on the following legal theories:
- Strict liability
- Breach of express warranty
- Breach of implied warranty
- Failure to warn or instruct
- Actions based on any other legal theory excluding fraud, intentionally causing harm, or a claim under the consumer protection act
Holding a Manufacturer Liable
If the manufacturer is at-fault, you must prove your injury was caused by negligence because the product was unreasonably unsafe because of its design or due to inadequate warnings or instructions provided with the product.
One of the key issues in these cases is determining if a product was reasonably safe. Under state law, products are not reasonably safe if the potential for harm and the severity of harm outweighed the burden of using an alternative design that would have prevented harm. However, the alternative design has to be practical and still allow the product to be useful.
In a case involving inadequate warnings, you must show that the likelihood of you getting hurt made the warnings or instructions inadequate.
Holding Sellers Liable
Sellers cannot be held liable unless your injury was proximately caused by negligence, breach of an expressed warranty or intentional misrepresentation of the facts by the seller.
Useful Safe Life
In some cases, the product is quite old, and the liable party will try to avoid liability by claiming the product's useful safe life expired. The useful safe life starts when the product is delivered and extends for the period of time during which the product would probably be likely to perform or be stored in a safe manner.
These and other aspects of product liability cases and Washington state law can be very complex. Our Vancouver product liability attorneys are ready to manage everything on your behalf. We have detailed knowledge of these laws and what it takes to prove liability.
Fill out a Free Case Evaluation form right now.
Statute of Limitations for Product Liability Cases
The deadline for filing a product liability case is the same as it is for other personal injury cases. You must do so within three years of the date of the injury, otherwise you lose the right to file a lawsuit. This means you will lose your chance to pursue compensation for your injuries.
It takes time to build a viable lawsuit for compensation for your injuries. This is why you should strongly consider contacting a lawyer as soon as possible after your injuries. This will help ensure your case is filed on time.
Contact a Product Liability Lawyer in Vancouver
Product liability cases can get very complicated, particularly when you are trying to prove a product was not reasonably safe or that another design could have been used.
You should not have to be concerned with these things after suffering an injury. That is why seeking experienced legal representation could be a very good idea. The attorneys at Rizk Law have thorough knowledge of the many aspects of these cases and how to establish a manufacturer, seller or designer is liable for your injuries.
The consultation with our skilled attorneys is always free, and you do not have to pursue legal action. You will also not be charged for our services unless you receive fair compensation.