Manufacturers or distributors of unreasonably dangerous or defective products may be financially responsible for injuries or fatalities caused by use of their defective product. The Virginia Product Liability Attorneys of MartinWren, P.C. have experience litigating personal injury and wrongful death claims where the fatality or injury is caused by a defective product.
Generally speaking, Virginia recognizes three types of product liability claims. The first is called a manufacturing defect case, which occurs when a product is damaged in the manufacturing process and that damage then causes the product to malfunction and cause an injury. Design defects are the second type of product liability claim, and these occur when the product has a design flaw that causes the product to be unreasonably dangerous even when it is used as it was intended to be used. The third type of product liability cause of action is called a failure to warn claim, and these claims occur when a manufacturer fails to warn consumers of a product’s defective or dangerous characteristics.
To prevail in a products liability action, the plaintiff’s lawyer must prove that a product left the manufacturer in a defective state, that the product malfunctioned while still in its defective condition, and that the product’s user was using the product as intended at the time of the malfunction. It is possible that a product’s user may have been “misusing” the product when the injury occurred, and this fact alone may not disqualify the user from recovering compensation when the misuse of the product was reasonably foreseeable by the manufacturer.
Product liability claims usually involve several complicated issues that need the help of expert witnesses. Such complicated issues include an engineering or technical analysis of the defective product, the reason the malfunction occurred, and how the malfunction caused the victim’s injuries. These cases involve difficult legal battles, and manufacturers, distributors, and their insurers often take aggressive positions.
The U.S. Consumer Products Safety Commission has identified a number of common household products that may pose unreasonable risks of serious injuries and fatalities. Such products include bicycles, toys, automobiles, cribs, Chinese Drywall, products and toys containing lead, playgrounds, and amusement park rides. Other products can include pharmaceutical drugs and other dangerous medications. Among other things, defective products may cause choking or strangulation dangers, cancer, lacerations, suffocations, fall hazards, fire and burn hazards, poisoning, shock and electrocution, or even explosions.
Individuals who have been injured by defective or unreasonably dangerous products may be entitled to compensatory and even punitive damages as a result of the injuries they suffered. Compensatory damages may include past and future medical bills, pain and suffering, lost wages, loss of earning capacity, loss of enjoyment of life, emotional distress, and inconvenience.
Virginia Dangerous Products Lawyers
If you or a loved one have been injured by an unreasonably dangerous or defective product, please call MartinWren, P.C.’s Virginia Products Liability Attorneys, Robert E. Byrne, Jr. or Jonathan T. Wren, toll free at (855) 812-9220 or at (434) 817-3100. We can provide more information or schedule a free consultation and free case evaluation. We can meet you at your home or the hospital, even on weekends and evenings.
You will not owe any legal fees unless we recover money for you.