Filing Deadlines and the Product-Liability Discovery Rule Under Washington Law
If you are wondering how much time the law allows, the answer depends on which Washington deadline, or statute of limitations, applies to what happened. Missing the applicable one can end a claim, which is why the exact wording matters.
Section 4.16.080 of the Revised Code of Washington provides that certain actions "shall be commenced within three years," including an action "for any other injury to the person or rights of another not hereinafter enumerated." When that period begins in a particular case is a question of Washington law applied to the facts.
If the trampoline or a part of it failed, section 7.72.060 of the Revised Code of Washington states that "no claim under this chapter may be brought more than three years from the time the claimant discovered or in the exercise of due diligence should have discovered the harm and its cause," subject to chapter 4.16's provisions on tolling and extension. The same section adds "useful safe life." A product seller is not liable if it proves by a preponderance of the evidence that the harm was caused after the product's useful safe life expired. If the harm was caused more than twelve years after the time of delivery, a presumption arises that the useful safe life had expired, and the statute says this presumption "may only be rebutted by a preponderance of the evidence." It is a presumption, not an absolute bar, and the section lists exceptions, including where the seller warranted the product could be used safely for a longer period, and where harm came from exposure that first occurred within the useful safe life even though it showed up later.
If your child was hurt, section 4.16.190 of the Revised Code of Washington provides that if a person entitled to bring an action was "under the age of eighteen years" when the cause of action accrued, "the time of such disability shall not be a part of the time limited for the commencement of action." The same section applies to some people who are incompetent or disabled to the degree the statute describes, and to some imprisoned before sentencing.
For local governments, section 4.96.020 provides that the limitation period "shall be tolled during the sixty calendar day period," and that an action begun within five court days after the sixty days elapse is deemed presented on the first day after that period. Other states set these deadlines differently, as the Arkansas trampoline injury guide and Iowa trampoline injury guide show, so only Washington's text governs a Washington accident. Dates that often matter here include the accident date, when a defect and its cause came to light, the injured person's age, and when the equipment was delivered; an attorney can help work out which deadline applies.