Washington state law, RCW 7.72.030 defines the liability of manufacturers for defective products. Negligence. A manufacturer is liable for any harm that is due to the “negligence” of a manufacturer – “in that the product was not reasonably safe as designed or not reasonably safe because adequate warnings or instructions were not provided.” There are different factors for determining the safety of a product: “A product is not reasonably safe as designed, if, at the time of manufacture, the likelihood that the product would cause the claimant's harm or similar harms, and the seriousness of those harms, outweighed the burden on the manufacturer to design a product that would have prevented those harms and the adverse effect that an alternative design that was practical and feasible would have on the usefulness of the product.” This definition generally does not apply to firearms or ammunition. A product is also not reasonably safe if the product did not include adequate warnings or instructions – based on the likelihood the product would cause harm and the seriousness of the harm. The manufacturer failed to provide adequate warnings or instructions, after the product was manufactured, where the manufacturer learned, or should have learned, that the product was dangerous – such as when the company is alerted to a federal recall, or there are complaints about the safety of the product by users and the public. Strict liability. A manufacturer is “strictly liable” to a claimant if the harm was proximately caused by: “The fact that the product was not reasonably safe in construction.” “The product was not reasonably safe because it did not conform to the manufacturer's express warranty or to the implied warranties under Title 62A RCW.” “A product is not reasonably safe in construction if, when the product left the control of the manufacturer, the product deviated in some material way from the design specifications or performance standards of the manufacturer,” or deviated in a major way from other identical products. The product doesn’t conform to an express warranty or an implied warranty – under the terms of the statute. When deciding whether a product was not reasonably safe, the jury or judge should “consider whether the product was unsafe to an extent beyond that which would be contemplated by the ordinary consumer.” We work with different experts who are skilled at determining whether the product that caused your injuries is defective. We choose experts who are also experienced in writing reports and testifying in court.