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Dangerous product law, often called product liability law, covers legal claims that arise when a product causes injury or property damage. In Tacoma, as elsewhere in Washington state, claims can allege defects in design, defects in manufacturing, inadequate warnings or instructions, or failures to meet express or implied warranties. Cases can involve consumer goods, automotive parts, medical devices, tools, household products and more. Liability can extend to manufacturers, distributors, retailers, and sometimes designers or component suppliers.
Product liability cases can be technically complex, medically complicated and procedurally demanding. You may need a lawyer if:
- You suffered significant injury, long-term disability or large medical bills from a product.
- The cause of injury is unclear and requires technical or expert investigation, such as engineering analysis or medical causation opinions.
- Multiple parties are potentially responsible and you need help identifying who to sue and how to gather evidence from manufacturers or sellers.
- You are facing repeated denials from insurance companies, or the manufacturer refuses to cooperate with recall or repair efforts.
- There is a potential for class-action or multi-district litigation when many people are affected by the same defect.
- Your case involves time-sensitive issues like preserving evidence, meeting statute of limitations deadlines, or handling product recall procedures.
Key legal principles and local considerations relevant in Tacoma include:
- Legal theories. Product claims in Washington commonly proceed on theories of negligence, strict products liability, breach of express warranty, breach of implied warranty of merchantability, and violation of consumer protection laws.
- Strict liability. Washington recognizes that plaintiffs may hold manufacturers or sellers strictly liable when a product is unreasonably dangerous and causes injury while being used as intended or in a foreseeable way. Proof of a design or manufacturing defect or inadequate warnings is central to such claims.
- Warranties. Express warranties are promises made by sellers or manufacturers about a product. Implied warranties, including the implied warranty of merchantability, arise under commercial law when a product is sold for ordinary use.
- Consumer Protection. The Washington Consumer Protection Act can apply when a seller or manufacturer engages in unfair or deceptive practices. This can provide remedies beyond typical tort damages in appropriate cases.
- Statute of limitations. Time limits apply to product claims. Personal injury claims generally must be filed within the state deadline for injury actions, and property claims often have a different deadline. There may also be rules that allow tolling or delayed accrual where injuries are latent or discovered later.
- Evidence and preservation. Courts expect plaintiffs to preserve the product, packaging and related records. Failure to preserve key evidence can harm a claim.
- Workers and workplace injuries. If an injury occurred at work, the workers compensation system may apply and may limit claims against your employer. You may pursue third-party claims against manufacturers or outside parties in addition to workers compensation remedies.
- Venue and courts. Product liability cases with significant damages are typically heard in Pierce County Superior Court for Tacoma-area claims. Small claims court is limited by monetary thresholds and not suited to serious personal injury cases.
Get medical attention right away and follow your provider's instructions. Preserve the product, packaging, receipts, instructions and any photographs of the scene and injuries. Write down witness names and contact information. Keep records of medical care, expenses and lost time from work. Do not discard or alter the product unless a lawyer advises otherwise.
You need to show that the product was defective in design, manufacturing or warnings, and that the defect caused your injury while the product was being used as intended or in a foreseeable manner. Proof often requires expert testimony, medical records and documentation of the product's condition. A lawyer can evaluate the evidence and advise on the strength of your claim.
Potential defendants include manufacturers, component part suppliers, distributors, wholesalers and retailers. Responsibility depends on who played a role in designing, manufacturing, marketing, selling or placing the product into the stream of commerce.
Not always. Washington allows strict products liability in many cases, meaning a plaintiff can recover without proving the manufacturer was negligent if the product was unreasonably dangerous when used as intended. However, negligence theories are also common and may be used alongside strict liability and warranty claims.
Statutes of limitations apply and can vary by claim type. Personal injury suits commonly must be filed within the state time limit for injury actions. Special rules can apply if injury is not discovered immediately. Because deadlines can be strict and complicated, contact an attorney promptly to protect your rights.
Yes. A recall is evidence that a product posed safety concerns, but it is not required to bring a lawsuit. A recall can strengthen your claim and may help show the product was defective or lacked adequate warnings. Consult an attorney about how a recall affects your case.
You may recover compensatory damages such as medical expenses, future medical care costs, lost wages, loss of earning capacity, and non-economic damages like pain and suffering. In rare cases of particularly egregious misconduct, punitive damages may be available under state law, subject to legal requirements and limits.
Most product cases require expert witnesses, including engineers, safety specialists, and medical experts, to explain how the product failed, why the defect caused the injury and the extent of your damages. These experts play a central role in proving causation and liability.
For minor claims with limited damages, you might pursue an insurance claim or small claims action on your own. For serious injuries, complex causation issues, or cases involving multiple defendants, legal counsel is highly recommended. An experienced lawyer helps with evidence preservation, expert retention, negotiation with manufacturers and insurers, and filing necessary court papers on time.
Many product cases settle before trial through negotiation or mediation. Settlement can provide faster compensation and lower risk than trial. If a case proceeds to trial, it is decided by a judge or jury. An attorney can evaluate settlement offers and advise whether to accept or pursue trial based on the strengths and weaknesses of the case.
Below are resources that can help you find information or assistance:
- Washington State Office of the Attorney General - Consumer Protection Division for complaints and guidance on consumer issues.
- Washington Courts and Pierce County Superior Court for filing procedures, court forms and local rules.
- Washington State Department of Labor and Industries for workplace injuries and safety issues related to defective products used at work.
- Consumer Product Safety Commission for product recalls and safety notices affecting consumer goods.
- Food and Drug Administration for issues related to drugs, medical devices and certain health products.
- National Highway Traffic Safety Administration for vehicle and automotive part recalls and safety investigations.
- Tacoma-Pierce County Bar Association for lawyer referral services and local attorney directories.
- Local legal aid organizations for low-income residents who need civil legal help.
- Local hospitals and trauma centers for medical records requests and injury documentation.
If you believe you have a dangerous product claim in Tacoma, consider the following steps:
- Seek and document medical care immediately.
- Preserve the product, packaging, instruction materials and any records related to purchase and use.
- Photograph the product, injury scene and injuries from multiple angles as soon as possible.
- Collect contact information for witnesses and secure any surveillance or store camera footage promptly.
- Track all expenses, lost time from work and other financial impacts related to the injury.
- Contact an attorney experienced in product liability for a timely evaluation. Many product liability lawyers offer free initial consultations and work on contingency-fee agreements, meaning they get paid only if you recover compensation.
- Act quickly to avoid missing statute of limitations deadlines and to ensure important evidence is preserved.
Remember, this guide provides general information and is not legal advice. For advice tailored to your situation, consult a qualified attorney in Pierce County who handles dangerous product and product liability matters.
