Virginia Product Liability Attorney
Harmed by a Defective Product? You May Have a Case - Call (571) 290-2390
In today’s consumer-driven society, we never go a day without purchasing some item. It does not matter if it is purchased from a store, online, or some other means—our desire to possess something new feeds an innate and very human desire, which is to fulfill our want for more. Manufacturers and product designers know this, and this is why they are continuously building products to not only meet the demands of the public, but also to deepen the pockets of the businesses who oversee the projects.
That means these companies have the duty to make sure their products are solid—fully functional, in excellent working condition, and completely safe for consumers. Unfortunately, they do not always fulfill this obligation. When a product fails, it can become a defective product case and they may be held liable for the injuries sustained.
Think you have a case? Contact our Virginia product liability lawyers today for a consultation - (571) 290-2390.
Virginia Product Liability Laws
Product liability in Virginia refers to the legal responsibility of manufacturers, distributors, and sellers for injuries or damages caused by defective or dangerous products they produce or sell. Product liability laws in Virginia, like those in most states, are designed to protect consumers from harm and provide a legal avenue for them to seek compensation when they are injured or incur losses due to a defective product.
Common types of product liability claims in Virginia include:
- Manufacturing Defects: These claims arise when a product is flawed or dangerous because of an error or defect that occurred during the manufacturing process. In other words, the product does not conform to the manufacturer's intended design.
- Design Defects: These claims involve products that are inherently dangerous due to their design, even if they were manufactured correctly. In such cases, the entire line of products may be flawed because of the fundamental design.
- Failure to Warn or Inadequate Labeling: Manufacturers have a duty to provide proper warnings and instructions to consumers regarding the safe use of their products. Failure to do so can result in product liability claims. This category also includes situations where the product lacks adequate warning labels about potential risks or dangers.
- Negligent Misrepresentation: If a manufacturer, distributor, or seller provides inaccurate information or misrepresents a product's safety or features, and this leads to harm, a product liability claim based on negligent misrepresentation may be pursued.
- Fraud: If a manufacturer or seller intentionally conceals defects or makes false statements about a product to induce consumers to purchase it, a product liability claim based on fraud can be filed.
Virginia recognizes the doctrine of strict liability in product liability cases. This means that manufacturers and sellers can be held liable for defective products without the need to prove negligence. In a strict liability claim, the focus is on the product's defect and its role in causing harm.
A product may be subject to both express and implied warranties. An express warranty is a specific promise made by the manufacturer or seller about the product's performance or quality. An implied warranty, such as the implied warranty of merchantability, assures that a product is fit for its ordinary purpose. If a product fails to meet these warranties, a product liability claim can be made.
What Kind of Cases Do You Handle?
It takes an experienced attorney to trace back every minute detail of your case. At The Barrera Law Firm, PLLC, we investigate fully into the product, its manufacturing company, its designers, its safety and quality control team, retailers, and much more. Oftentimes in product liability cases, it is possible that there could be more than one group to blame, and so we want to make sure we name all of the defendants properly and accurately.
These are some examples of product liability cases we have seen:
- Air Bag Recalls: Cases where airbags malfunction, deploy without warning, or cause injuries during deployment. Such cases may involve both the airbag manufacturer and the vehicle manufacturer.
- Cosmetic Product Recalls: These cases can arise when cosmetic products, such as makeup, skincare, or haircare items, are found to contain harmful ingredients or have adverse effects on consumers' health.
- Lead Products: Products containing lead, especially in children's toys, can lead to product liability claims due to the serious health risks associated with lead exposure.
- Food Products: Food-related product liability cases can include contaminated, spoiled, or adulterated food products that cause food poisoning, allergies, or other health issues.
- Defective Baby Toys and Equipment: Toys, cribs, strollers, and other baby equipment can be subject to recalls or product liability claims when they pose risks to the safety of infants and children.
- Unsafe Child and Infant Car Seats: If child car seats are found to be defective and fail to protect children in accidents, product liability claims can be filed against the manufacturer.
- SUV and Other Vehicle Rollovers: Defective vehicle designs that make certain models more prone to rollovers or result in inadequate safety during rollover accidents can lead to product liability claims against car manufacturers.
- Medical Devices: Cases involving medical devices, such as faulty hip implants, pacemakers, or surgical instruments, can result in injuries, complications, or the need for additional medical procedures, leading to product liability claims.
- Pharmaceutical Recalls: Medications that are later found to be dangerous or to have severe side effects may lead to product liability claims against pharmaceutical companies. This can include medications that are recalled from the market.
- Defective Machinery and Tools: Industrial equipment, power tools, and machinery that malfunction and cause injuries to workers can result in product liability claims against the manufacturers or distributors.
- Electronics and Appliances: Cases involving electronic devices like smartphones, laptops, and household appliances that cause fires, electrical shocks, or other harm to consumers.
- Tire Failures: When vehicle tires fail due to manufacturing defects, it can lead to accidents and injuries, prompting product liability claims.
- Hazardous Chemicals and Substances: Products containing toxic or hazardous chemicals, including household cleaners, pesticides, or industrial chemicals, can lead to exposure-related injuries or illnesses.
- Sports Equipment: Defective sports equipment like helmets, pads, or safety gear can result in injuries for athletes and may lead to product liability claims.
- Recreational Products: Cases involving injuries caused by defective recreational products, such as skateboards, bicycles, trampolines, or watercraft.
- Electrical and Wiring Products: Electrical fires and electrocution injuries resulting from faulty wiring or electrical products can lead to product liability claims.
- Agricultural and Farm Equipment: Defective farm machinery, such as tractors and implements, can pose serious risks to farm workers and lead to product liability claims.
- Clothing and Apparel: Clothing with defective zippers, flammable materials, or other design flaws can result in injuries or accidents, leading to product liability claims.
Note that many big-box corporations employ tough and aggressive defense teams to protect themselves from liability. These defenders will resort to any tactic to diminish a company’s liability, and even deny responsibility altogether. They may try to claim that it was user negligence or a failure to acknowledge the warning labels. When this happens, you must employ your own legal team to come to your aid.
You Need Experience—Call The Barrera Law Firm, PLLC!
We have Virginia product liability lawyers who work round the clock on our clients’ cases. We have over 75 years of experience, which can truly be an asset to your case. We have helped thousands of clients find fair resolution to their injury cases, securing millions of dollars in the process.
There is no case small or large for us to handle. If you were harmed by a defective product, contact us right away to learn about your legal options.
