You used a product the way it was designed to be used, and it injured you. You did not do anything wrong. When a defective product is to blame, you may not have to prove the manufacturer was careless to hold them accountable.
A Tacoma product liability lawyer at Pendergast Law handles that process from start to finish, identifying the defect, preserving the evidence, retaining the right engineers and analysts, and building a case that puts responsibility where it belongs.
Call (253) 238-2410 for a free consultation. Our defective product attorneys in Tacoma are here to help.
Choosing Pendergast Law for Tacoma Product Liability Claims
Product liability cases pit an injured consumer against a manufacturer with a legal team, engineering staff, and financial resources built to defend against exactly these claims.
Why Pendergast Law’s product liability lawyers?
- Direct experience with defective product cases: Pendergast Law recovered $2,400,000 for a client severely injured by a defective winch in Seattle, a case that required identifying the design flaw, retaining engineering experts, and building a claim strong enough to produce a substantial recovery against the manufacturer
- Over 30 years of trial experience: Attorney J.P. Pendergast has recovered well over $100 million in verdicts and settlements across thousands of personal injury cases throughout Washington
- Former prosecutor's litigation skill set: J.P. Pendergast's years as a King County Deputy Prosecuting Attorney gave him the foundation for managing complex, evidence-heavy cases against well-resourced opponents
- Upfront investment in experts: The firm advances the cost of engineers, product testing, medical consultants, and forensic economists.
- Life membership in the Multi-Million Dollar Advocates Forum: Restricted to fewer than 1% of U.S. attorneys, reflecting a sustained record of results at the highest level
Free consultations are available in English and Spanish at our Tacoma office, with additional offices in Renton and Seattle. Past results do not guarantee future outcomes.
What Types of Defective Products Cause Injuries in Tacoma and Pierce County?
The products that fail in Tacoma reflect the community. Port workers, construction crews, military families near JBLM, and residents of older neighborhoods all encounter different product risks in their daily lives.
Each product category raises different questions about who manufactured it, who sold it, and what went wrong.
Industrial and Port Equipment
The Port of Tacoma is one of the largest container ports on the West Coast. Workers in and around the port operate heavy machinery, forklifts, cranes, and loading equipment daily. When a hydraulic system fails, a cable snaps, or a safety mechanism does not engage, the injuries are often catastrophic.
Claims against industrial equipment manufacturers may involve the manufacturer, the distributor, and in some cases the employer who purchased and maintained the equipment.
Construction Tools and Power Equipment
Pierce County's ongoing construction activity, from residential development to commercial projects to road work along I-5, puts power tools and heavy equipment into constant use.
Circular saws, nail guns, grinders, and scaffolding components all carry inherent risk when manufactured correctly. When a blade guard fails to retract, a trigger mechanism misfires, or a scaffolding connector cracks under normal load, the resulting injury may be traced back to a design or manufacturing defect.
Vehicle Components and Auto Parts
A car accident on I-5 or the SR-16 interchange may be caused or worsened by a defective vehicle component.
Faulty airbags that fail to deploy or deploy with excessive force, defective tires that blow out at highway speed, braking systems that lose pressure, and fuel systems that rupture and ignite on impact may all support product liability claims against the manufacturer.
These claims often run alongside a standard car accident claim against the at-fault driver.
Household Appliances and Consumer Electronics
Tacoma residents encounter defective consumer products at home as often as at work. Space heaters that overheat and ignite, pressure cookers that fail to vent properly, lithium-ion batteries in laptops and e-bikes that catch fire, and electrical panels with known defects may all cause serious burn injuries, electrical shock, or house fires.
In 2024, approximately 15.1 million people nationwide were treated in emergency departments for injuries related to consumer products. Many of these injuries involved items consumers assumed were safe.
Products Used in Military Housing and JBLM-Connected Residences
Military families living on or near Joint Base Lewis-McChord rely on appliances, heating systems, and electrical infrastructure that may be maintained by third-party contractors or property management companies.
When a defective product in military housing causes a fire, an electrical injury, or a gas leak, the liable parties may include the product manufacturer, the installer, and the property management entity.
These claims involve unique jurisdictional questions that a Tacoma product liability lawyer evaluates at the outset.
How Does Washington's Product Liability Law Apply to Your Tacoma Claim?
Washington's Product Liability Act (RCW 7.72) operates differently from a standard negligence claim. Instead of proving someone acted carelessly, the claim focuses on whether the product itself was reasonably safe. The statute recognizes three separate theories for holding a manufacturer liable, and more than one may apply to the same case. A Tacoma product liability lawyer evaluates the facts and determines which path fits.
| Legal Theory | What It Means | What Must Be Shown | Common Examples |
|---|---|---|---|
| Design defect (RCW 7.72.030(1)(a)) | The entire product line carries the same flaw | A safer alternative design existed that would have reduced the risk without making the product impractical | A power tool with no blade guard, a vehicle fuel tank placed in a crash-vulnerable location |
| Manufacturing defect | One unit departed from the intended design during production | The specific product was flawed even though the blueprint was sound | A cracked weld on a hydraulic arm, contaminated material in a brake line, a miswired heating element |
| Failure to warn (RCW 7.72.030(1)(b)) | The product lacked adequate safety warnings or instructions | The known risk and its seriousness made existing warnings inadequate, and better warnings were possible | A chemical product with no ventilation instructions, a battery with no overheating warning |
These theories may be pursued individually or in combination. A single product may have both a design flaw and inadequate warnings, and the claim may assert both.
Who May Be Responsible for a Product Defect Beyond the Manufacturer?
Under RCW 7.72.040, a retailer or distributor is generally liable only for its own negligence or misrepresentations about the product.
However, the seller takes on the manufacturer's liability when the manufacturer is not subject to service of process in Washington or when a judgment against the manufacturer would likely be unenforceable.
This rule protects consumers when defective products originate from overseas manufacturers that are difficult to reach through the U.S. legal system.
Ask Pendergast Law
Q: What if the product that injured me has already been recalled?
A: A recall may be strong evidence that the manufacturer was aware of a safety problem with the product. Recall records, CPSC investigation reports, and the manufacturer's internal communications may all become evidence in your claim.
Q: What if I do not know who manufactured the product?
A: Many products pass through multiple manufacturers, importers, and retailers before reaching the consumer. A Tacoma product liability lawyer traces the product's chain of distribution using packaging, labeling, purchase records, and retailer information to identify every potentially liable party.
Q: How long do I have to file a product liability claim in Tacoma?
A: Washington law provides three years from the date the harm was discovered or reasonably should have been discovered under RCW 7.72.060. A "useful safe life" defense may apply if the injury occurred more than 12 years after the product was first delivered to a consumer. Early legal consultation protects both the evidence and the filing deadline.
Call (253) 238-2410 for a free consultation. Our defective product attorneys in Tacoma are here to help.
What Evidence Does a Tacoma Product Liability Lawyer Need to Build the Case?
Product liability cases are won or lost on technical evidence. The defect must be identified, documented, and connected to the injury through expert analysis.
The evidence a product liability case typically requires includes:
- The defective product itself, preserved in the exact condition it was in at the time of the injury, including all packaging, manuals, receipts, and warranty documentation
- Engineering analysis identifying the specific design flaw, manufacturing departure, or warning deficiency that made the product unreasonably dangerous
- The product's design specifications, testing records, quality control documentation, and any internal communications about known risks, obtained through the discovery process
- Medical records connecting the product defect to the specific injuries sustained, supported by expert testimony from treating physicians or independent medical consultants
- Recall history and CPSC reports documenting prior complaints, investigations, or recalls involving the same product or product line
- Photographs and video from the injury scene showing the product's position, condition, and the surrounding environment at the time of the incident
Preserving the product is the single most important step. If the defective item is discarded, repaired, or returned before it is inspected by an engineer, the claim loses its most critical piece of evidence. A defective product lawyer in Tacoma advises on evidence preservation from the first conversation.
Contact Pendergast Law today for a free case evaluation.
What Compensation May a Product Liability Victim Pursue in Tacoma?
A product liability victim in Tacoma may pursue economic and non-economic damages. Washington does not cap damages in most product liability cases, meaning the claim value depends on the evidence and the severity of harm.
Economic damages in a Tacoma product liability claim may include:
- Emergency medical treatment, hospitalization, surgery, and follow-up care tied to the product-related injury
- Future medical costs projected through a life care plan when injuries are permanent or require ongoing treatment
- Lost wages during recovery and diminished earning capacity if the injury limits the ability to return to a previous job or career
- Cost of replacing the defective product and repairing any property damage it caused
- Out-of-pocket expenses for home modifications, adaptive equipment, and transportation to medical appointments
Non-economic damages address the personal toll of the injury:
- Pain and suffering
- Emotional distress
- Disfigurement
- Loss of enjoyment of life
- Loss of consortium
In product liability cases involving severe burns, amputations, or traumatic brain injuries, non-economic damages could represent a substantial share of the total claim value. Documenting these losses through psychological evaluations, personal testimony, and family statements strengthens this portion of the claim.
How Does Washington's Comparative Fault Rule Apply in Product Liability Cases?
Washington's pure comparative fault rule allows an injured person to recover compensation even if they share some responsibility for the injury. The recovery is reduced by the claimant's fault percentage but is not eliminated.
Manufacturers frequently argue that the consumer misused the product, ignored warnings, or modified it in a way that contributed to the injury. These arguments are designed to shift fault and reduce the payout.
A product liability attorney in Tacoma counters these claims with evidence of how the product was actually used compared to how it was designed and marketed to be used. If the product failed during normal, foreseeable use, the manufacturer's blame-shifting argument loses its foundation.
Tacoma Product Liability Questions Answered by Pendergast Law
Do I need a product liability lawyer for a Tacoma defective product claim?
Possibly. Product liability cases involve technical evidence, engineering analysis, and corporate defense teams with significant legal budgets. Even when the defect seems obvious, proving it requires expert testimony that meets Washington's legal standard.
What should I do with the product that injured me?
Preserve it exactly as it was at the time of the injury. Do not repair, return, or dispose of it. Keep all packaging, manuals, receipts, and warranty documents. Photograph everything from multiple angles and store the product in a safe location. This item is the most critical piece of evidence in your case, and losing it may make the claim significantly harder to prove.
What if my product injury happened at work?
Tacoma workplace injuries involving defective products are generally covered by Washington's workers' compensation system for the employer's portion of liability. However, a separate product liability claim may exist against the manufacturer, distributor, or supplier of the defective equipment.
What if the product was modified or repaired by someone other than the manufacturer before it injured me?
A third-party modification does not automatically eliminate the manufacturer's liability. If the product was defective before the modification, the manufacturer may still be responsible. If the modification itself created the hazard, the party who performed the repair or alteration may be liable instead, or liability may be shared.
One Conversation. No Cost. No Obligation.
A product failed, and you are living with the consequences. A free consultation with Pendergast Law gives you a clear picture of whether a claim exists, who the responsible parties are, and what the legal process involves from here.
Contact a Tacoma product liability lawyer now at (253) 238-2410. Consultations are available in English and Spanish. There are no attorney’s fees unless we recover compensation for you.
Call (253) 238-2410 for a free consultation. Our defective product attorneys in Tacoma are here to help.