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Ruiz-Guzman v. Amvac Chemical Corp.8/24/2000 roduct designs should attach only when harm is reasonably preventable. For justice to be achieved, Subsection (b) should not be construed to create artificial and unreasonable barriers to recovery.
Unmistakably and indisputably, the Restatement (Third) of Torts applies a negligence analysis to design defects, as did the WPLA in 1981, and we should do the same in our decisional law. We should no longer ignore the explicit language of the WPLA and developments in the common law of product liability.
I believe a product manufacturer may argue a product is unavoidably unsafe within the context of the risk/utility balancing of RCW 7.72.030(1)(a). Thus, I would answer the second of the certified questions with a 'no.'
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