Washington Products Liability Questionnaire

State:
Multi-State
Control #:
US-Q1034
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a product liability matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorney’s case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new client’s needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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How to fill out Products Liability Questionnaire?

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FAQ

The theories of liability include breach of warranty, negligence, and strict liability.

In legal disputes regarding product liability, a risk-utility test is used to determine whether a product's design or warning is defective, thereby making the manufacturer liable for injuries caused by its product.

Negligence/Risk-Utility Test A Washington court can hold a company liable for defective product claims if the plaintiff can prove that the chance of an injury multiplied by the seriousness of the potential injuries is more costly than it would be for the company to use an alternative, safer product design.

Primary tabs Manufacturing defect, where the manufacturing of a product was done incorrectly. Design defect, where the design of a product itself was unsafe and there existed safer alternatives. Marketing defect, where there is inadequate warning of the product risks.

4 Elements You Need to Prove in a Product Liability Case There was an actual loss of property, injury, or death. ... The product was defective. ... The defect causes your property loss or injury. ... You used the product as a reasonable individual would have.

A products liability claim normally involves injury or damage caused by a defective product. Proving the claim usually involves one or more of three basic theories of liability: negligence, breach of contract/warranty, and strict liability. The first two theories of liability require proof of a defect in the product.

If you've been hurt by a product you used, you might have a product liability claim. These claims typically fall into three categories: (1) defective manufacture; (2) defective design; and (3) failure to warn or instruct.

There are three types of product defects that incur liability in manufacturers and suppliers: Design Defects. Design defects are inherent, as they exist before the product is manufactured. ... Manufacturing Defects. Manufacturing defects occur during the construction or production of the item. ... Defects in marketing.

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Washington Products Liability Questionnaire