News headlines regarding nationwide product recalls, such as an unsafe feature in a motor vehicle or a poorly designed kitchen appliance, are a common occurrence. Far too often, the way these recalls come about is because consumers become injured – die – because of the danger the product caused. If you or a member of your family has suffered an injury caused by a defective product, consider contacting a Virginia personal injury firm to find out what legal recourse you may have.
Types of Product Defects
Product defects can fall into three main categories:
- Manufacturing Defects: A manufacturing defect occurs in the production of a product whereby it is engineered incorrectly or its components are substandard in some way. If there was a lack of quality inspections, an unsafe product can enter the marketplace and land in the hands of an innocent consumer.
- Design Defects: A design defect or flaw in the creation process can create a hazardous item. Again, a lack of thorough quality control testing can lead to injuries.
- Misleading Information: A product can cause harm when someone fails to warn of a potential danger. This occurs when misleading marketing makes consumers think the product is safer than it actually is, or the product’s operating or installation instructions are incorrect or incomplete, and is therefore insufficient.
Because of these differences, it is possible for liability to rest with multiple parties, including the product designer, the manufacturer, the retailer, or even the marketer.
Causal Connection and Establishing Recourse
Product liability lawsuits basically fall into three main areas:
Negligence: In these types of cases, it must be proven that the designer, manufacturer, or seller of a defective product should have ‘reasonably known’ that the product could result in injury and failed to take steps to prevent them.
Strict Liability: This type of case deals with the production and sale of unreasonably dangerous products even when used for their intended purposes.
Breach of Warranty: This deals with the failure of a product feature under warranty. If a warranted feature fails and causes an injury, the manufacturer can be held liable.
Call Our Office Today
If you have been a victim of a defective or dangerous product, contact one of our Virginia injury attorneys to discuss what type of personal injury claim you may have. We have successfully represented many victims and their families in obtaining the financial compensation they deserved. Find out how we can help you.