November 1, 2024

Defective Products & Drug Recalls in VA

When you purchase a product, you expect that product to work as advertised and to be safe to use. Most of the time, your expectations are met, but sometimes, a product is defective and can cause injuries or even death.

According to the U.S. Consumer Product Safety Commission (CPSC), in 2020, an estimated 28 million people sought medical attention for an injury related to—but not necessarily caused by—a consumer product. That works out to about 8.5 medically treated, consumer product-related injuries per 100 people in the U.S. In 2019, over 50,000 people died.

Injuries caused by defective products can lead to physical, emotional, and financial hardships. Understanding the types of legal claims you can bring against the manufacturer (or other potentially liable parties) is important to recovering the damages you need to put your life back together.

The state of Virginia allows victims to pursue claims of negligence and breach of warranties, but usually not strict liability except under certain circumstances. In this article, we explain these types of claims so you have a better understanding of what your case may entail.

We also encourage you to talk to our Virginia Beach defective product injury attorneys right away. We have extensive experience in the State of Virginia and can help you navigate what can be a complex legal system.

Types of Legal Claims for Defective Product Injuries

If you suffered from a serious injury caused by a defective product in Virginia, you have three options for pursuing a claim: negligence, breach of warranties, and, in limited cases, strict liability.

  1. Negligence Claims

The definition of negligence can be broad, but in general, it is based on a duty or a breach of that duty. To establish a negligence claim, a plaintiff must prove the following four points:

  • Duty of Care: The manufacturer, seller, or other liable party had an obligation to make sure the product was safe for consumer use. This means that the company took reasonable steps to prevent harm, such as properly designing its products and providing clear safety warnings.
  • Breach of Duty: The manufacturer, seller, or any responsible entity didn’t fulfill their duty to make sure the product was safe. Maybe there was an issue with the product’s design, a mistake during production, or insufficient warnings.
  • Causation: There was a clear connection between the liable entity’s violation of responsibility and your injuries.
  • Damages: The plaintiff must show the real harm experienced because of the injuries resulting from the defective product.

  1. Warranty Claims

Virginia law recognizes both express and implied warranties.

Express Warranties

Manufacturers or sellers often provide express warranties telling consumers about the way the product works or promising certain benefits. They may communicate these promises through advertisements or in writing on product labels, packaging, or accompanying materials.

If you buy a toy, for example, and the packaging says it won’t break easily, that’s an express warranty. Or if you buy a pressure cooker and the manufacturer claims somewhere in the packaging or owner’s manual that the cooker has a safety mechanism that prevents the lid from being removed until the pressure is gone, that’s also an express warranty.

Implied Warranties

When you purchase a product, an implied warranty may exist even if it’s not specifically stated or written. When buying a new bike, for example, there is an implicit guarantee that it will work right and be safe to ride. Similarly, with a prescription medication, there is an implied assurance that it will be safe to use as directed and will create the desired effects.

Strict Liability

A strict liability claim imposes responsibility on a company or other liable entity for damages or injuries caused by its products, regardless of what the company intended or whether it was negligent. It’s all about the product itself, not the manufacturing process.

In other words, a defendant can be held liable under strict liability even if they were not negligent in designing or making the product, if the product is defective and causes injury to a consumer when used as directed. Under strict liability law, if that product is not modified and its defect causes injury, it does not matter if the manufacturer was negligent. The consumer need not prove negligence.

In Virginia, however, strict liability claims are not usually allowed.

Strict Liability Claims Limited in Virginia

Unlike most states, Virginia emphasizes proving negligence rather than adopting strict product liability. Under a strict liability claim, a plaintiff need only demonstrate that a product was unreasonably dangerous, without having to prove that the manufacturer was negligent somehow. Typically, however, Virginia doesn’t allow this type of claim.

The concept of strict liability is somewhat controversial. Some argue that it’s unfair to hold a defendant liable for something they didn’t intend to do. A strict liability claim, however, may sometimes be the only avenue of recovery for a victim, as it can be extremely difficult to show that a company was negligent in some cases—particularly if a large company uses all their resources to cover their tracks.

Nevertheless, strict liability claims aren’t recognized in Virginia except in the following cases:

  • Food unwholesomeness or unadulteration: There is an implied warranty that food will be safe. If it is not, a strict liability claim may be made.
  • Dog bites: If you were bit by a dog in Virginia, you may make have a strict liability claim, but consult with one of our attorneys.
  • Ultrahazardous activities: Blasting, electricity, and natural gas are considered ultrahazardous activities in Virginia. Victims injured by these products may pursue strict liability claims.

How Can a Defective Products Attorney Help?

Defective product injury law can be extremely complex. You don’t have to go it alone. Contact us today for a free initial consultation. We know the relevant laws and will make sure no stone is unturned when putting together the strongest possible case for you.

Did you know, for example, that you don’t necessarily have to have a purchase receipt to make a negligence or warranty claim on a defective product? Many people are hurt by products they didn’t buy, for example, so if that your situation, don’t feel like you can’t file a claim. We can help you find evidence of when the product was purchased, and any other evidence pertinent to your case.

The Virginia statute of limitations generally gives you two years to make a defective products claim (from the date of injury), with some exceptions, but don’t wait. The sooner you talk to us, the more likely we’ll be to obtain the evidence needed to successfully pursue your case, as we did for this woman who was diagnosed with mesothelioma after her long-term exposure to defective baby powder adulterated with asbestos. With co-counsel on the case, a  $1.75 million settlement was obtained.

You can find us in Virginia Beach, Chesapeake, Portsmouth, Hampton, and Norfolk.

 

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