Hurt by a Defective Household Product?

Attorney JD Smith | 888-981-0015 | Free Consult

If you suspect that you've been hurt by a defective household product, what do you do?

This Quick Question features JD Smith, a personal injury attorney in Seattle with the Law Office of JD Smith, PLLC. He has been a Super Lawyer from 2007 to 2019, and he was the recipient of the Professionalism Award from the Washington State Association of Justice.

In this Quick Question, he explains that Washington state laws help victims of defective products receive compensation.

To learn more, contact JD Smith directly by calling 888-981-0015 or by submitting a contact form on this page. The consultation is free and confidential, and you owe no out-of-pocket attorney fees.

Every state has slightly different laws regarding product liability.

For example, Washington State has the Washington Products Liability Act. This act calls for strict liability when a product causes harm within its useful life, typically considered to be 12 to 15 years. Unlike general product liability, in a case of strict product liability, it is not necessary to prove that the designer or manufacturer acted negligently. In cases of strict product liability, it is only necessary to prove that the product itself is what caused the injury.

Product liability cases can be complex and difficult to prove due to the myriad of parties involved. It’s important to reach out to an experienced product liability attorney as soon as possible after being injured by a potentially defective household product.

It is also important to take action in a timely manner. The statute of limitations or window of time in which an injured person can bring their product liability case forward varies from state to state; in Washington State, the injured party generally has three years of the time of the injury to file.

It is important to seek medical care and maintain possession of the defective product after a household product injury.

Even if the injury seems relatively minor, it is important to seek medical care after being injured by a potentially defective product. This ensures that an official medical record exists to document the existence of the injury; additionally, waiting to seek care could have a negative impact on your case down the road. If you are unsure whether the product is truly defective or not, this is something a product liability attorney can help to evaluate. They will need to have experts examine the defective product in addition to any instructional material and packaging that came with the product. If these have already been turned into the Consumer Product Safety Commission (CPSC), they can be returned to you on request.

It’s important to take pictures of the product in whatever condition it was during the injury, as well as to take pictures of the injury itself and any other property damaged by the product. For example, if a pressure cooker explodes and splatters hot contents all over the kitchen, take pictures of the mess to document the severity of the accident. If a product caught fire or overheated and caused a visible scorch mark on any surface, that should warrant a picture as well. Don’t wait to seek medical and legal help after being injured by a defective household product. These attorneys generally work on a contingency fee basis, which means a client doesn’t pay unless their case is won.

To learn more, contact JD Smith directly by calling 888-981-0015 or by submitting a contact form on this page. The consultation is free and confidential, and you owe no out-of-pocket attorney fees.

Video Transcript:

Rob Rosenthal:

Do you know what to do if you're injured by a defective household product? We asked Seattle area Attorney JD Smith for this AskTheLawyers.com™ Quick Question.

JD Smith:

That comes under a broad category of products liability, and there are several lawyers who specialize in that they only practice in that area. I've done several over the years, but they can be difficult. Washington has the Washington Products Liability Act that calls for strict liability when a product harms someone within the useful life of that product, which is typically 12 to 15 years.

Disclaimer: This video is for informational purposes only. In some states, this video may be deemed Attorney Advertising. The choice of lawyer is an important decision that should not be based solely on advertisements.