Washington Torts Flashcards

Washington's Product Liability Act (WPLA, RCW 7.72) governs which categories of product liability claims?

Answer: Manufacturing defects, design defects, and failure to warn claims

The WPLA provides a comprehensive statutory framework covering all three classic defect categories: manufacturing defects, design defects, and inadequate warnings or instructions.

Under the WPLA, what is the statute of limitations for a product liability personal injury claim?

Answer: 3 years from when the claimant discovered or reasonably should have discovered the harm and its cause

RCW 7.72.060 provides a three-year discovery-based statute of limitations running from when the claimant discovered or reasonably should have discovered the harm and its cause.

Washington recognizes the tort of outrage (intentional infliction of emotional distress) when the defendant's conduct is:

Answer: Intentional or reckless, extreme and outrageous, and actually causes severe emotional distress

Washington's tort of outrage requires conduct that is intentional or reckless, extreme and outrageous beyond what civilized society would tolerate, and that actually causes severe emotional distress.

Under Washington defamation law, what level of fault must a private plaintiff prove when the defamatory statement concerns a matter of private concern?

Answer: Negligence as to the truth or falsity of the statement

For private figures suing on matters of private concern, Washington follows the Gertz framework and requires the plaintiff to establish at least negligence as to the falsity of the statement.

A Washington landowner owes which duty to an undiscovered trespasser on their property?

Answer: A duty to refrain from willful or wanton conduct that injures the trespasser

Washington retains the traditional common law rule that landowners owe undiscovered trespassers only a duty to refrain from willful or wanton injury.

In Washington, what must a plaintiff prove to establish a claim for private nuisance?

Answer: Unreasonable and substantial interference with the plaintiff's use and enjoyment of their land

A private nuisance in Washington requires an unreasonable, substantial interference with a private person's use and enjoyment of land, and may arise from intentional, negligent, or abnormally dangerous conduct.

Under Washington law, the 'economic loss rule' generally operates to:

Answer: Bar negligence claims for purely economic losses in certain contexts absent physical injury or property damage

Washington's economic loss rule bars negligence claims for purely economic losses in contexts such as construction defect disputes, channeling parties to their contractual remedies.