A woman had a pacemaker. She went to her doctor. She was told her pacemaker had about five to six months battery life before needing to be replaced. A month later, the woman died of cardiac arrhythmia. During an autopsy the pacemaker was removed and tested. The battery voltage was below end-of-life level, contrary to […]
A humor website that lists various “dumb laws” reckons the Infant Crib Safety Act to number among that category. The Infant Crib Safety Act requires that cribs sold retail in Washington meet certain safety requirements. Each and every safety requirement in the Act is based on experience. Each safety requirement addresses a hazard that has […]
A elderly woman went to Best Buy. Another shopper struck her from behind with their cart and injured her. She did not know the identity of the person who ran their cart into her, or whether they had anything in the cart basket that would have obstructed their view. She sued Best Buy and the […]
Our personal injury law firm did not participate in the lawsuit described in this article. A man was killed and his wife injured when the Harley-Davidson motorcycle he was riding crossed several lanes and collided with a guardrail. The next day the wife received a recall notice informing her that the main circuit breaker on […]
By now we have all heard about the Toyota recalls. According to the National Highway Traffic Safety Administration five deaths and 17 injuries have been attributed to unintended acceleration in Toyota vehicles since 2006.
By personal injury lawyer Scott Eller In a recent opinion the Washington Court of Appeals upheld the dismissal of a products liability case brought against the retail business that sold an allegedly defective bicycle. The plaintiff had been injured when the front tire of the bicycle failed the very first time he rode the bicycle. […]
A product liability claim may be based on breach of warranty. A manufacturer may be liable under Washington products liability law even in the absence of design defects, construction defects, or a failure to warn if the product fails a warranty. A warranty may be expressed or implied.
A product liability claim may be based on a theory of failure to warn. The standard, like design defect product liability claims, is the reasonable expectations of the consumer rather than foreseeability.
To prove a design defect products liability claim the injured party must prove that a manufacturer’s product was not reasonable safe as designed and caused injury. The injured part may prove a design defect by either of two tests, the risk-utility test or the consumer expectations test.