Falk v. Keene Corp
In Falk v. Keene Corp., 113 Wn.2d 645, 653, 782 P.2d 974 (1989), plaintiffs alleged that companies that had manufactured asbestos were liable for a plaintiff's cancer caused as a result of exposure to that asbestos. There, the Court held that a trial court had erred in giving jury instructions based on negligence, for we found that strict liability, not ordinary negligence, was the standard adopted by the Legislature in determining manufacturer liability for defectively designed products.
Falk further noted that the consumer expectations test in the WPLA should be considered along with its risk-utility test in a product liability case. Falk, 113 Wn.2d at 651.
The consumer expectations test is as follows:
In determining whether a product was not reasonably safe under this section, the trier of fact shall consider whether the product was unsafe to an extent beyond that which would be contemplated by the ordinary consumer. Falk, 113 Wn.2d at 650.