Product Liability Lawyers in California, Washington, & Oregon

Comprehensive Product Liability Legal Services

Product liability is a critical area of law that addresses the responsibility of manufacturers, distributors, and retailers to ensure the safety and reliability of their products. Each year, disputes arise concerning alleged defects in products, from household appliances to medical devices, which may result in claims of injury or damage. At Gleam Law, we offer comprehensive legal services to help clients navigate the complexities of product liability cases. Our Washington attorneys, based out of Seattle, are equipped to provide skilled representation across the state involving claims of product liability under the Washington Product Liability Act, commonly known as the WPLA.

  • The seller was negligent;
  • The seller breached an express warranty;
  • The seller intentionally misrepresented the product or concealed information;
  • No solvent manufacturer exists;
  • The seller is a subsidiary of the manufacturer; or
  • The seller provided the plans for the product to the manufacturer;
  • The product was marketed or sold by the seller under its brand.
The attorneys at Gleam have direct experience in product seller liability, and are able to help when there are claims against product sellers, as well as against manufacturers.

What is Product Liability?

Product liability refers to the legal accountability of manufacturers, distributors, or retailers for damages or injuries allegedly caused by a defective product. These claims typically fall under three categories:

Design Defects: Cases involving allegations that a product’s design is inherently unsafe or flawed, regardless of proper manufacturing.
Manufacturing Defects: Claims that a production error rendered an otherwise well-designed product unsafe.
Failure to Warn/Marketing Defects: Instances where a product allegedly lacked adequate instructions or warnings about potential risks.

Our attorneys have significant experience representing clients in product liability matters, ensuring that legal claims are evaluated fairly and that all applicable strategies are explored.

Common Product Liability Claims

Product liability disputes can arise across numerous industries. Common claims that we handle  include:
  • Automotive: Alleged defects in airbags, brakes, or seatbelts.
  • Consumer Products: Claims involving household appliances, electronics, or toys.
  • Medical Devices: Allegations related to implants, prosthetics, or medical equipment.
  • Pharmaceuticals: Disputes involving medication side effects or labeling issues.
  • Industrial Equipment: Claims concerning machinery or tools.
Our team has experience evaluating claims of product misuse, alternative causation, and other key factors to ensure that a robust defense is presented.

Common Defenses to Product Liability Claims:

When claims are brought against a company for a defective product, the defenses tend to fall into only a few camps.

First, that the Washington Product Liability Act “WPLA” does not apply at all. This is true of several types of claims, including those related to human tissue and blood, food in relation to obesity, firearms, and emotional damage for what was only an economic loss.

The second defense is that the claim is time-barred. In Washington State, there is a three year statute of limitations on personal injury actions. The time limit is three years from the date a party knew or should have known that their right to claim injury had accrued.

Third, manufacturers may claim the product was used beyond its “useful safe life”. There is a rebuttable presumption in Washington State that a product has a useful safe life of 12 years. After that period, it is presumed not that the product caused the injury, but that the injury was caused by using the product for too long. This is often not asserted, as no company wants to put in the court record their product has a limited safe life.

Fourth, manufacturers may point to their compliance with government standards as a basis for denying a claim. This only applies if the injury was in fact caused by an aspect of the product that is governed by a mandatory government standard. However, if the mandatory standard was not adhered to, and it resulted in an injury, the product may be considered not reasonably safe.

Finally, the fifth common defense is that of preemption. This is often seen in the field of medical devices, where approval of the device by the Food and Drug Administration (“FDA”) creates a bar to a claim related to a design defect.

When is a Product Seller Responsible

In many instances, a party may not be able to sue the manufacturer directly. Sometimes the product is not labeled. Sometimes the manufacturer of the product is not subject to suit, such as in China, where product lawsuits are shielded by the government and judgments are uncollectible. In those instances, the WPLA provides a remedy, allowing a lawsuit to be brought against the company that sold the product. In addition, the product seller may also be held responsible if any of the following apply:

  • The seller was negligent;
  • The seller breached an express warranty;
  • The seller intentionally misrepresented the product or concealed information;
  • No solvent manufacturer exists;
  • The seller is a subsidiary of the manufacturer; or
  • The seller provided the plans for the product to the manufacturer;
  • The product was marketed or sold by the seller under its brand.
The attorneys at Gleam have direct experience in product seller liability, and are able to help when there are claims against product sellers, as well as against manufacturers.

How We Assist Clients

We provide thorough, tailored strategies for product liability cases. Our process includes:

  • Detailed Case Evaluation: Analyzing the alleged defect and its role in the incident, as well as investigating potential misuse or contributory negligence.
  • Expert Consultation: Collaborating with industry-leading experts in engineering, materials science, product safety, and other relevant fields to challenge claims and identify alternate explanations.
  • Evidence Review and Strategy Development: Examining product samples, testing results, and documentation to build a comprehensive defense.
  • Litigation and Negotiation: Representing clients in settlement discussions, arbitration, or courtroom litigation, with the goal of minimizing liability and achieving favorable outcomes.
Our attorneys are dedicated to ensuring that every claim is thoroughly explored and strategically asserted.

Understanding Legal Costs in Product Liability Cases

We recognize the importance of balancing effective legal representation with cost considerations. Our firm works efficiently to manage litigation costs while delivering high-quality legal services. For businesses or insurers, this means transparency in billing and strategic planning to minimize financial exposure while protecting reputational interests.

Why Choose Gleam Law?

Selecting the right law firm can make all the difference in the outcome of your case. At Gleam Law, our product liability lawyers have extensive experience in product liability law, including automotive, consumer electronics, pharmaceuticals, and industrial equipment industries. Our firm partner, Justin Walsh, has written extensively on the topic, and has litigated products liability cases in products old and new.

We have litigated these claims on behalf of both plaintiffs and defendants and will work to ensure every defense available is asserted. Our firm boasts an extensive roster of expert witnesses and engineers, including specialists in mechanical engineering, materials science, product safety analysis, and human factors to thoroughly investigate any claimed product defect. We explore potential misuse, alternate explanations for the event, and flaws in other experts’ reasoning to ensure your case is as strong as possible.

Our attorney’s have first hand experience with regard to several types of product liability claims, including:
  • Automotive braking systems;
  • Appliance fires;
  • Chemical exposure related to RoundUp;
  • Artificial Stone and silicosis;
  • Construction equipment failure resulting in injury; and
  • Medical devices.

Protect Your Interests with Gleam Law

If you are dealing with a product liability claim, contact us today to discuss your case. Our attorneys are prepared to provide clear, practical advice and skilled legal representation. Let us help you navigate the complexities of product liability litigation and protect what matters most.

We would love to talk with you about your unique situation.

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