What is a Product Liability Claim?
Product liability claims fall into three different categories, and can be complex under Virginia’s product liability law. The simplest explanation is that designers, manufacturers and sellers of defective products may be held liable for damages caused by a product’s defective condition that caused injury with their use. To prevail in this type of claim, your attorney must be able to prove negligence on the part of the designer, manufacturer or distributor of a product that is available for sale to the general public.Product liability claims can be highly contested and difficult legal fights that involve many complicated issues that often rely on expert witnesses. Hiring an experienced attorney to help guide you through this process and protect your rights is one of the most important things you can do. At Trost Law Group, our attorneys have over 70 years of experience in Product Liability and other Tort Claims. If you or a loved one has suffered an injury as a result of using a defective product, contact us today for a free, no obligation case review.
Types of Defective Products
- Motor Vehicles
- Medical products and devices
- Children’s Toys
- Firearms
- Pharmaceutical Products
- Recreational Products
- Machinery and Tools
- Food Contamination
- Clothing Defects
Virginia Recognizes Three Types of Claims
Design Defects
If a product has a defective design, it may cause an injury no matter how well made the product is. For example, a vehicle may have a design defect that makes it more prone to roll over, or an airbag may have a defective design that causes it to explode.
Manufacturing Defect
A defect may be introduced during the manufacturing process if substandard materials are used or a manufacturer fails to have proper quality control. Errors in the manufacturing and assembly process may require consumer safety alerts and recalls.
Failure to Warn Claim
A manufacturer has a responsibility to warn users of known hazards associated with the product, unless the risk is so obvious that a warning should not be needed. A manufacturer or seller cannot be held liable if a product is generally known to be unsafe by an ordinary consumer.
Can I Recover Damages?
Under Virginia law, anyone injured by a defective product usually has two years from the date of injury to file a lawsuit. Injury victims can seek compensation and damages for medical costs, lost wages, pain and suffering, loss of property and future medical costs. If you believe you may have a claim, contact us today for a free case review. There are no upfront fees, and we only get paid if you win!