The questions on this page were answered by our team of Virginia Beach & Norfolk personal injury attorneys. The questions are categorized by practice area such as car accidents, medical malpractice, wrongful death, etc. If you have specific questions about your situation, contact our firm to set up a free consultation with an actual attorney.
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What is the difference between a design and manufacturing defect?
A design defect happens when the manufacturer designs the product in a way that is unreasonably dangerous to the end user, such as a defect in a car that makes it more likely to flip during an accident.
A manufacturing defect happens when there is an error in the manufacturing process.
I was in a Lowes hardware store walking down an aisle when a clerk was trying to get something down and it fell and smashed my foot causing me to have a fractured bone. What is necessary to be proven in a falling merchandise case?
This falls under a classification of what we call a business premises case and in that type case we must show that the business either knew or should have known of the dangerous condition or if it is obvious that an employee of the business created the dangerous condition, that will be sufficient to show negligence in normal circumstances. In this type of case we can also demand information on prior injury claims not only at the store where your accident happened but from other similar stores to show that there is an awareness on the business of this danger but they still stack boxes high above areas where patrons walk.
My wife purchased a vacuum cleaner a number of years ago, and when using it it suddenly burst into flames causing burns. We don't have any receipt showing the proof of purchase, do we still have a case if we could show the product was defective?
There are some tricky issues, but proof of actual purchase such as a receipt is not mandatory as long as corroborating evidence can show when the machine was purchased. Remember, as long as we know what company manufactured the vacuum we've identified the manufacturer, but it is required to know which business sold it in order to sue the retailer as well.
I was injured by a product that slashed my wrist because there was no guard across the blade. What types of legal theories does a defective product attorney use to sue a manufacturer or distributor?
The most common theories in defective product cases are breach of warranty (it can be an express warranty that was written, an oral warranty, or an implied warranty by law). Some states have another theory that is called strict liability, but not every state follows that rule so talk to one of our defective product lawyers for advice.
What is negligence with regard to a product defect, how do we go about proving negligence?
There are a couple of negligence theories in product liability/faulty product cases: Proof that the product was defective as manufactured when it left the factory (this is done by tracing the product condition back to the time it was manufactured, with no changes or significant maintenance, which can be the proof of a defect as manufactured). Or it can be shown that the manufacturer negligently failed to warn you or general consumers about a known product defect, and that the manufacturer had the ability to get the word out by letters, by Internet or other means.
What types of breach of warranty claims can be made against a manufacturer?
All states have implied warranties under state laws or the Uniform Commercial Code which state that products must be free of material defects or defects in workmanship, that products must be fit for the ordinary purposes for which they are sold, and state laws vary on whether these implied by law warranties can be waived or not, so consult with a defective product attorney with our firm. Implied warranties are in addition to any written warranty that was advertised along with the product.
Is there a class-action lawsuit against testosterone drug therapy manufacturers, and if there is do I have to join it if I want compensation for my injury?
There are a lot of lawsuits pending against the various testosterone drug therapy manufacturers, including suits against Androgel, Fortesta, Testim, Axiron. Lawyers have filed motions to consolidate all the lawsuits against all the manufacturers into one class-action lawsuit also known as a mass tort. If a judge decides to consolidate the cases, the only way you will be able to sue the manufacturer of the testosterone drug therapy medication that injured you will be to join the class-action suit against all the manufacturers. However, until that decision, you can still file an individual lawsuit against the manufacturer of your medication.
Consolidating the lawsuits into a class action suit has pros and cons. When you sue individually you are one person against a huge corporation. A corporation can draw out the litigation making it prohibitively expensive to continue. Being a member of a larger group helps to level the playing field; the class as a whole has more bargaining power to get a fair settlement. The major drawback of being a member of a class action lawsuit is that you have few options if you don’t like the proposed settlement. There are named plaintiffs in the case, and they decide whether to accept the settlement offer. Their decision is binding on you and the rest of the class. A judge must approve the settlement, and his job is to protect the interests of all class members, but once he approves the settlement you lose the right to have a trial and verdict.
If you are considering filing a lawsuit against a testosterone drug manufacturer, consider contacting our firm. We are experienced lawyers who are familiar with the newest developments in the ongoing testosterone drug therapy litigation, and we can help you evaluate your potential claim.
I suffered serious injuries from a medical device, but I don't know the manufacturer. Can I bring an injury claim?
These days there are so many new medical products and devices, consumers almost never know who the manufacturer was, especially if their doctor or surgeon used that device during surgery or as a prosthetic for a hip replacement or new replacement as just a couple examples.
This is why you probably should consult a medical device personal injury law firm like ours. We can obtain the medical records and in those records usually there will be information, just like any other product, showing the manufacturer, the model, and sometimes even a UPC sticker.
More importantly, product liability injury lawyers are constantly sharing information nationwide, about whether there are any class action lawsuits, or any mass claims for similar consumer injuries from a medical device. Please consult with us for a free confidential evaluation. We handle these claims on a nationwide basis.
If I am seriously injured by a product that someone else bought and it's not within the written warranty period, but I know that it's fairly new, can I bring a faulty product claim for my injuries?
You are not limited to the written warranty timeframe, but that depends on the nature of your injury. Faulty product liability law requires that all products have certain implied warranties, like that they are fit for the normal and usual purpose. Therefore, even if the product only had a 90 day written warranty, and within the very first year it completely fails for the normal purpose of use, causing serious injury, you should consult a faulty product injury lawyer. Many consumers believe they are strictly limited to a written warranty, but a product cannot be completely faulty, or cannot be negligently designed. This area of the law is fairly complicated and you should consult with a product liability injury lawyer at our law firm for a free evaluation.
I suffered a serious injury from a faulty product, but I don't have a sales receipt can I still bring a claim?
There is no requirement that you have an original sales receipt, but there is a requirement that you and your personal injury lawyer must prove a sale occurred. This can be proven in many ways besides having a sales receipt.
First, you may have some other evidence like a credit card receipt, or the original product packaging, or some other evidence that verifies the purchase. Also, the law doesn't even require that you be the purchaser, like in situations where you get a new product by gift or by simply being near the dangerous product when you are injured.
Also, in medical device transactions, like where a device is implanted through surgery, you won't likely ever have a sales receipt.
So the bottom line is a sales receipt is not required but corroboration is necessary to prove the transaction or sale did occur. As well as evidence showing the product type, make, and model is critical. Never return that evidence to a manufacturer or distributor without first consulting a personal injury lawyer about the claim.