Product Liability Lawyer in Virginia
Virginia product liability law helps to hold manufacturers, suppliers, and retailers accountable for injuries caused by defective or dangerous products. This subset of personal injury law is absolutely crucial for ensuring your safety as a consumer while holding negligent parties responsible.
When products are on sale for the public, we expect them to meet certain safety standards, at the very least. However, when these standards aren’t met, it can lead to serious injuries, and in rare cases, even wrongful death.
That being said, product liability laws are designed to protect consumers from the dangers posed by faulty products. These laws are complex and wide reaching. Not only do they cover a range of product issues like design defects and manufacturing defects, but they also address marketing defects (i.e., inadequate warnings or instructions).
If you or a loved one has been injured by a faulty product, we’re here to help you get the compensation you deserve. Contact us today to schedule a free consultation with a product liability lawyer you can trust.
If you have suffered injuries because of someone else’s negligence, Sharif Gray at Broughton Injury Law can help. We have won millions of dollars in verdicts and settlements. Call Sharif at (804) 915-1611 or contact him online to schedule a free consultation. We will get justice for you.
What’s a Defective or Dangerous Product?
A defective or dangerous product in Virginia can be defined as any product that, due to a defect in design, manufacturing, or inadequate instructions or warnings, poses an unreasonable risk of harm to the consumer and/or public at large. From household appliances and children’s toys to automobiles and pharmaceuticals, this includes a wide host of products.
When’s a product considered “defective?” A product is considered defective if (when used as intended, or in a reasonably foreseeable manner) it doesn’t perform safely as an ordinary consumer would expect. A few examples include:
- Faulty brakes
- Toys manufactured with highly toxic materials
- Pharma products with severe side effects that aren’t disclosed
Before you can seek compensation via a product liability claim for the harm caused by one of these products, you’ll need to clearly identify it as defective – Which is a crucial first step, but not always a cut and dry process.
What Are the Three Kinds of Product Liability Claims?
As briefly mentioned earlier, there are three types of product liability claims in Virginia. They include:
- Manufacturing Defects: A product departs from its intended design due to some kind of error in the manufacturing process. Even if the product’s design is proven safe, flawed manufacturing can render it dangerous.
- Design Defects: The product’s design is inherently dangerous or defective. In a design defect claim, your attorney argues that the product could have been made safer without losing its overall utility.
- Marketing Defects (also known as Failure to Warn): Products that carry inherent non-obvious dangers which could have been otherwise mitigated through adequate warnings or instructions. If consumers are not properly informed about the potential dangers of a product, manufacturers or distributors can be held liable for any damages caused.
Each type of claim requires a different approach and circumstantial evidence to establish liability and obtain compensation for injured victims.
Is Product Liability Strict According to Virginia Law?
Suppose a manufacturer or seller produces/markets a defective product unintentionally. Since Virginia operates under the principle of strict liability for product liability cases, they can be held liable even if they weren’t negligent.
Essentially, strict liability applies when a product has a manufacturing defect, design defect, or marketing defect that makes it unreasonably dangerous for consumers. Under strict liability, the spotlight is on the product’s condition – Not the manufacturer’s conduct.
The intention of this doctrine is to motivate manufacturers and other supply chain entities to keep safety at the forefront when producing or selling products. For the injured victims of defective products, strict liability can make the process of obtaining compensation much simpler. That’s because their product liability attorney doesn’t need to prove negligence, only that the product was defective and caused harm.
Who’s Held Liable in a Product Liability Suit?
Product liability cases can be somewhat messy. That’s mostly due to the fact that various parties in the product’s distribution chain can be held liable. This can include:
- Manufacturers: Usually the primary defendants in product liability cases – Which can include manufacturers of component parts and the assembling manufacturer.
- Retailers: Even if they had nothing to do with manufacturing the product, stores and vendors selling defective products to consumers can be held liable.
- Wholesalers and Distributors: Entities in the distribution chain aren’t always blameless. Since they’re part of the process of getting the product from manufacturing to retail, they can also be held responsible.
Untangling liability and assigning it to the right parties is a crucial step in any product liability lawsuit. Doing so allows attorneys to spend their time seeking compensatory damages from the responsible parties.
What’s The Difference Between Product Liability And Negligence?
Product liability doesn’t necessarily equate to negligence in Virginia. Generally, the difference between the two lies in the legal approach and the specific elements that need to be proven. Product liability, particularly under strict liability, doesn’t require victims to prove that the manufacturer or seller was actually negligent. Rather, it’s more concerned with the fact that the product was defective and caused injury.
On the contrary, a negligence claim requires the injured party and their attorney for personal injury claims to prove that the manufacturer or seller failed to exercise reasonable care in the design, manufacturing, or sale of the product. Thus, leading to injuries. Negligence involves a breach of duty and is usually much more complex to prove than strict liability in product liability cases.
What To Do If You’ve Been Injured By Dangerous or Defective Products
If you’ve been injured by a dangerous or defective product in Virginia, it’s in your best interest to consider following steps immediately after the incident happens:
- Get Medical Help: Your health is always the number one priority – Thus, it’s imperative for your health and ability to seek compensation that you seek immediate medical treatment for your injuries and keep all medical records and bills.
- Keep the Product and Evidence: Yes, the product is defective, but that doesn’t mean you should throw it away. Keep the product that caused the injury, along with any packaging, instructions, and receipts, if possible.
- Document the Incident and Injuries: Take photos of your injuries and the scene where the injury occurred. Record details about how the injury happened.
- Don’t Try to Repair or Alter the Product: Keep the product in the same condition as it was at the time of the injury.
- Avoid Giving Statements to Insurers: Be very cautious about discussing the incident with insurance representatives or the product manufacturer until you have consulted with a lawyer.
- Consult with a Product Liability Attorney: An experienced product liability attorney can provide guidance, evaluate the viability of your claim, and help you understand all of your legal options.
Can I File a Product Liability Lawsuit Against Pharmaceutical Companies?
You can absolutely file a product liability claim or lawsuit against a pharmaceutical company if you’ve been injured due to their defective or dangerous products. These kinds of claims can be based on manufacturing defects, design defects, or marketing defects (i.e., inadequate warnings about side effects).
Pharmaceutical companies are expected to ensure their products are safe for consumers and properly tested – Unfortunately, this isn’t always the case. When they fail to meet these standards, they can be held liable for resulting injuries.
Contact An Experienced Product Liability Attorney Today
Have you or a loved one been injured by a defective or dangerous product? If so, working with an experienced product liability attorney can be the difference between recovering fair damages and nothing at all. Our law firm is more than equipped to handle a wide range product liability claims – That includes manufacturing defects, design defects, and marketing defects.
We’re 100% committed to helping you navigate the ins and outs of product liability laws, pursue maximum compensation, and hold all responsible parties accountable for their dangerous products.
Give us a call today for a free consultation with a defective product injury lawyer in Virginia.
Frequently Asked Questions about Product Liability in Virginia
Can a Lawsuit Be Filed for Products Under Federal Regulation?
Yes, you can absolutely file a lawsuit for defective or dangerous products that are regulated under federal law. Although federal regulations set specific safety standards, manufacturers can still be held liable under Virginia’s product liability laws if their product causes harm.
Are Warning Labels Mandatory for All Products?
Not all products require warning labels. However, products that pose inherent risks that may not be obvious to the user must have adequate warnings. Failure to provide these warnings can lead to a product being deemed defective and the manufacturer held liable for resulting injuries.
Are Product Liability Cases Straightforward in Nature?
Product liability cases can be incredibly complex and require detailed investigation. That’s because these types of cases require the examination of the product’s design, manufacturing process, and the manner in which it was marketed to consumers – Which isn’t exactly a straightforward process. Factors like supply chain involvement and adherence to safety standards also play a major role.
What if the Defective Product Was Purchased Second-Hand?
This scenario is a bit trickier than typical defective products cases. However, depending on the circumstances, you can still file a product liability claim for a product bought used. The critical factor is proving that the product had inherent defects at the time of its manufacturing or it lacked adequate warnings, which led to the injury. The age or previous ownership of the product in questions doesn’t necessarily negate the manufacturer’s liability in these types of cases.
Can I Claim If I Didn’t Purchase the Product Myself?
Yes, product liability claims aren’t reserved for the purchasers of said product. For the most part, product liability laws focus on the usage of the product and the injuries sustained as a result of its defects – Not on the purchase transaction. If you were injured by a defective product, regardless of who bought it, you may have a viable claim. Contact us today to schedule your consultation for your product liability case in Virginia.
How Do Warranties Affect Product Liability Claims?
Warranties, both express and implied, play a significant role in product liability claims. An express warranty is a specific guarantee about the product’s quality or functionality, while an implied warranty is an unspoken assurance that the product is fit for its intended use. Breach of these warranties can form the basis of a product liability claim.
What is the Time Limit for Filing a Product Liability Lawsuit?
Like other personal injury claims, the statute of limitations for filing a product liability lawsuit in Virginia is generally two years from the date of injury (with certain exceptions). When it comes to seeking compensation, this deadline is very crucial. Neglecting to meet it will most likely result in forfeiting your right to file a claim.
Does Injury Equate to a Product Being “Defective”?
Not necessarily. A product is considered “defective” if it is inherently dangerous due to its design, manufacturing, or because it lacks adequate warnings, and not merely because it caused harm. The injury must result directly from the defect for a successful product liability claim.
What If the Injury Occurred During Product Misuse?
If you were injured while misusing a product, it could affect your claim. However, manufacturers are sometimes still held liable if they could reasonably foresee the product’s misuse. If the misuse was unexpected and the product otherwise safe when used as intended, the manufacturer might not be held responsible.
Is Providing Notice of Breach of Warranty Necessary?
In Virginia, if you are filing a claim based on breach of warranty, you are generally required to notify the seller or manufacturer about the breach. This notification allows the responsible party a chance to address the issue. The specifics can vary, so legal advice is recommended.
“We Get Justice For Injured People In Court, and We Love What We Do”
We are not settlement lawyers. Sharif Gray has proven that he can and will get results in court, and the insurance companies know that. If you have suffered injuries because of someone else’s negligence, we can help.
Sharif Gray is committed to trying cases well. Because of that, he does not handle hundreds of cases at a time. He is selective in the cases he takes so he can get justice for the people he represents. In every case, he has three goals:
- Hold the responsible corporation or individual fully accountable.
- Make the community safer, so others are not also harmed.
- Compensation that recognizes the full and fair value of what was taken from your health and quality of life.
We love what we do, and we are proud of the positive impact we have had and will continue to have on the people we represent and the community we live in.
If we can be of help to you, please do not hesitate to call us at (804) 915-1611 or contact us online to schedule a free consultation. We will get justice for you.
