Product
Liability
Lawsuit

If you believe you’re entitled to a product liability lawsuit, our firm is ready to hear about your situation. If you’ve been injured in a work accident, home accident or vehicle crash, the accident may be due to poor manufacturing of a defective product.  Whether it’s a piece of machinery, a kitchen appliance or faulty car brakes, when manufacturers push products onto consumers that are not safe and reliable, they are committing a legal offense — even if they did this unknowingly. Defective products that malfunction can cause fires, lacerations, chemical burns, horrifying disfigurement and a whole host of other serious injuries.  When consumers buy products at stores, dealerships and online, they are acting in good faith and believe the product is safe.  Sometimes, their trust is violated. It is especially heinous when manufacturers know their product is defective and put it on the market anyway.  They hide research reports, internal company emails, and other evidence that acknowledges the product’s flaws.  This means they willingly and knowingly mislead consumers in favor of corporate profits. If you have been hurt when using a consumer product, the personal injury lawyer at Montoya Hinckley Law Firm may be able to help you file a product liability lawsuit.  With one phone call, we can listen to your story, assess your claim and explain your legal options.  The initial consultation is free, so call us at 509-895-7373. Large and small manufacturers rely on their lawyers to block every product liability lawsuit and limit financial payouts.  It’s their job to make sure you lose your case.  That’s why it’s so important to hire a Yakima product liability lawyer you can trust.  At Montoya Hinckley, we are fierce and determined when representing our clients.  We will not back down or be intimidated by large groups of attorneys representing manufacturers. Read our attorney bios to find out more about the skilled and experienced legal team that will be representing you.  We’ve won large personal injury and product liability lawsuits resulting in millions of dollars in payouts for clients. Most product liability lawsuits settle out of court.  But if you are not being treated fairly, we will pursue litigation and argue your case before a judge and jury.  Our willingness to take your case to court, if necessary, ensures that we will maximize your recovery.  That’s because manufacturers like to avoid the expense and time required to mount a litigation defense. We recognize that you have many personal injury lawyers to choose from, both locally and nationally.  We believe Montoya Hinckley stands apart because of our skill and experience.  We offer our clients:

• A winning track record for significant product liability lawsuit settlements and awards
• Top-notch client service that ensures your questions will be answered and your phone calls returned promptly
• A deep knowledge of local courts and judges
• Access to attorneys themselves rather than having to deal with junior staff at larger national firms
• The toughness and commitment to recover the largest payouts possible.

If you’d like to find out more about what we can do for you, call us at 509-895-7373. The product manufacturer is liable for the consumer’s damages if the manufacturer’s negligence caused the accident or death.  The negligence could be due to:

• The product posed a danger because the manufacturer failed to provide adequate warnings.
• The product’s design was not “reasonably safe.”
• The manufacturer didn’t exhibit “reasonable care” in informing the public/consumer of the danger if the defect was discovered after it was sold.

In the state of Washington, there are various theories under which your product liability attorney can bring a claim.  Here are a few: Risk/Utility Test A product liability lawsuit shows that the risk of an injury, and its significant seriousness, cost more than it would have cost for a manufacturer to pursue a different design.  When hearing this argument, a court will consider the likelihood that other consumers will also be injured, the feasibility of requiring the manufacturer to include adequate warnings, and whether the manufacturer’s current warnings were obviously inadequate given the severity of the plaintiff’s injuries. Breach of Warranty A manufacturer faces a “strict liability” standard if a plaintiff can show that the manufacturer sold the product with a warranty and that the warranty was breached when the plaintiff suffered his/her injuries. Consumer Expectation Standard A plaintiff must show in their product liability lawsuit that a “reasonable consumer” has expectations of a product, and this product failed to meet those expectations.  In hearing this argument, the court will consider the cost of the product, the defect in question, the risk of the product’s harm, the nature of the product and other factors. Washington state statutes recognize a consumer’s right to bring a product liability lawsuit.  The Washington Product Liability Act (WPLA) is codified at RCW Chapter 7.72.  The Act was passed in 1981 to ensure fairness to consumers and manufacturers/sellers by creating a uniform system that protects consumers from defective products.  It also outlines how a product liability lawsuit is handled by courts.  For a detailed legal discussion of WPLA, read here. Following are the things you can be compensated for in a product liability lawsuit:

• Medical bills (current and future)
• Rehabilitation
• Lost wages
• Loss of future earnings
• Pain and suffering
• Emotional distress
• Loss of consortium
• Funeral and burials costs (in the case of a wrongful death).

If you have a loved one who was killed because of a defective product, you may have a wrongful death claim. If you believe you have a wrongful death case and need legal assistance, it’s essential to consult with a wrongful death lawyer at 509-895-7373 to discuss your legal options. It’s important to know that there is a difference between manufacturer liability and seller liability in Washington case law.  This may impact how your attorney decides to argue your case.  For example:

• A manufacturer may be a seller, but a seller is not necessarily a manufacturer.
• A manufacturer’s liability may arise from the product design, inadequate warnings, product construction, or express or implied warranties.
• A product seller’s liability may arise from intentionally misrepresenting aspects of the product, negligence, or breaching a warranty.
• There are specific circumstances when a seller faces the same “strict liability” standards that a manufacturer does.

The above examples get into the nitty-gritty and complicated aspects of Washington state product liability law, and they show clearly why someone who has been injured needs a skilled and experienced product liability lawyer by their side when pursuing a claim. While getting injured is always a horrible experience, not every injury at work or in your home will give rise to a successful product liability claim.  Some examples might include:

• If a plaintiff cannot show that the injury was caused by the consumer product.
• If a fall, burn, crash or other injury can be shown to have been caused by other factors such as intoxication or reckless behavior.
• The injury was so minor (such as a scratch or small bruise) that any damages would be minimal.

A skilled and experienced product liability lawyer can give you an honest assessment of your situation and tell you whether or not you likely have a legal claim. Washington state statutes give a consumer three years from the date of an injury to file a product liability lawsuit.  There are only extremely limited exceptions.  Generally, if you miss the three-year window of opportunity to file a claim, you are likely out of luck.  That’s why it’s so important to contact a product liability lawyer quickly to find out if you have a legal claim.