Product liability law in WA

Vancouver, WA Product Liability Lawyers

Holding companies liable for putting profit before the safety of consumers in Washington and Oregon

Manufacturers make a lot of money from the products they sell. Some companies make millions. Some even make billions. They know in advance that their products can injure or kill consumers if they aren’t designed properly. As long as you have a legitimate reason for using an electronic product, a drug, a vehicle, or any goods that you purchase – you have the right to expect that the product was tested and re-tested to ensure your safety.

At Philbrook Law Office PS, our Vancouver, WA product liability lawyers work with product safety engineers to hold greedy manufacturers, distributors, and sellers accountable when their products caused death or injury. In most cases, we file claims directly on your behalf. In some product defect cases, we work with other lawyers to file a class-action lawsuit. For 20 years, we’ve been fighting fiercely for anyone injured by a defective product. This fighting is backed up. We are respected by insurance carriers, defense lawyers, and our clients for our track record of strong results.

What products result in the most Washington product liability lawsuits?

Some products are known to be more dangerous than others. We know this for several reasons:

  • The very nature of the product makes them dangerous. Products that can create great forces or collisions, like motor vehicles, or rely on fire or electricity, like heaters, are inherently dangerous if they fail.
  • Product recalls from the Federal Product Safety Commission and other agencies, based on numerous complaints and findings that the products are dangerous.
  • Prior product liability lawsuits confirming that some products are so defective that multiple suits or class actions are required.

At Philbrook Law Office, our Vancouver, WA product liability lawyers handle the following types of claims:

  • Defective vehicle parts. Faulty ignition switches, defective airbags, defective fuel lines – any parts of the car that keep it in motion, keep it going straight, or help it stop – have to work. Failure can mean instant death or a lifetime of pain.
  • Prescription and OTC medications. Medications are considered products. There are no guarantees that heart medications, virus medications, and medications for all sorts of ailments are going to make you feel better. But they’re not supposed to make you feel worse. They’re not supposed to kill you. Manufacturers should know how their medications interact with other drugs – and warn physicians and patients about the possible risks and side effects.
  • Medical devices. Many medical products are used for surgeries and to help patients with their recovery. Medical devices need to be approved by the FDA. One process, 510 (k) submissions, helps the manufacturers bypass the testing and research needed to show they work. Many devices such as pelvic mesh implants have already resulted in numerous claims because they caused death and serious injury.
  • Children’s clothing, toys, and other products. Defective clothing may be flammable. Toys may detach and make it easy to choke. Furniture may break apart or tip over. Manufacturers of defective child products should be held accountable.

Other products known to require strong testing and research include:

  • Electronic products
  • Food and drink
  • Household products
  • Lithium batteries
  • Various cleaning products


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What makes a product “defective”?

Products of all types and stripes are generally defective for three core reasons:

  • Faulty design. Products are usually designed by engineers, product specialists, and entrepreneurs. These days many products are designed through various forms of technology. Many products are defective because the right research wasn’t done, complications weren’t properly foreseen, or other reasons. Whatever the reason for the defect, the burden is on the manufacturer to make a quality product.
  • Defective manufacturing. Defects can arise when manufacturers use sub-quality parts or cut corners on the design plan to save money.
  • Faulty instructions. Products normally have instructions on how to install them, how to operate them, and how to use them. If the instructions fail, the user of the product can die or suffer injuries. For example, patients must be told if the drugs they take don’t mix with other drugs. These claims are sometimes called “failure to warn” claims.

We often work with product safety professionals who can verify why the product was defective and how that defect caused your injuries.

What is the theory of strict liability?

In most personal injury cases, the victim must prove that the defendants were negligent. The good news is that in product liability cases, you don’t have to prove fault. Victims need only prove the following:

  • That the product was defective when used
  • That the defect caused an accident – such as causing you to lose control of your car or experience a medical reaction
  • That the accident caused your injuries or the death of a loved one

There is no need to show that the manufacturer failed to conduct specific tests or conduct certain types of research. The burden is on the makers and sellers to ensure the safety of their products – before they are sold.

The additional good news is that there may be multiple defendants – which means multiple insurance policies to pay for your damages. Our Vancouver, WA product liability lawyers file claims against:

  • The manufacturers
  • The distributors
  • Retailers

In addition, we may file claims against any company that made faulty repairs to a product.

Consult with a skilled Washington products liability lawyer today

When products cause harm, the victims deserve compensation. At Philbrook Law Office, we’ve earned the respect of clients and adversaries throughout Washington and Oregon for our work on behalf of clients. To schedule a free consultation at one of our offices in Vancouver or Battle Ground, WA, please call 360-695-3309 or complete our contact form. We also serve the greater Portland area and Oregon State. We represent product liability clients on a contingency fee basis.

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