If you were hurt by a product that you didn’t necessarily use in the way the manufacturer intended, you could still be entitled to file a product liability claim. Virginia law states that simply using a product differently doesn’t inherently bar you from receiving financial compensation. Manufacturers are expected to produce goods that are safe under reasonable conditions. Failing to do so can leave them carrying the can for your damages.
At Shapiro, Washburn & Sharp, our Virginia Beach defective product lawyers help people who were hurt by unsafe or defective products understand their rights. Call us today to set up your free consultation.
What Counts as “Product Misuse” in a Virginia Personal Injury Case?
Product misuse involves using a product in a way not intended by the manufacturer. For instance, making modifications to a power tool or using a folding chair as a stepping stool can both be classified as misuse. Despite this, manufacturers are still obligated to ensure that their products are reasonably safe for consumers, even when they are likely to be misused.
Virginia law states that everyone has a responsibility to act with due care to avoid causing harm to others. This responsibility also applies to manufacturers. Companies need to consider how their products will be used in real life. If dangerous applications or specific mistakes are easy to foresee or are happening frequently, the company needs to include safety features and/or warnings. If they fail to do so, they can be held liable, even in some cases where their product wasn’t used exactly as intended.
Will I Lose My Right to Damages if I Misuse a Product?
Generally speaking, Virginia law doesn’t hold companies liable for injuries caused by inherently dangerous products or products designed for use by trained professionals, so long as the item includes ample warnings and is well-designed.
If the way in which you used the product was something the manufacturer should have anticipated, they could be liable for your damages. For instance, a laptop charger overheating when it is used with a standard adapter is something the company should be able to foresee. The manufacturer may be held accountable for your injuries if it neglected to include adequate warning labels and ensure the charger was safe for use.
What Are Some Common Examples of Foreseeable Product Misuse?
If you are injured due to a risk the manufacturer should have envisioned, they can still be held liable. Common examples of “misuse” leading to liability include:
- A space heater tips over and starts a fire because it has no safety shutoff.
- A folding chair collapses when someone stands on it to change a light bulb.
- Mixed household cleaners create toxic fumes and cause injury.
- An airbag doesn’t deploy after a minor car modification.
- A child swallows a loose battery that fell out of a toy.
How Do Warranties Impact Manufacturer Liability?
Many products come with express warranties. In some cases, statements made about a product during sales talks or in adverts can also constitute an express warranty.
If you are hurt because a product did not meet the promises in its warranty, you may have a valid claim. Also, in most sales and leases, the law automatically assumes the product is safe for its intended use and any other normal, predictable uses. If the product is unreasonably dangerous, that promise is broken, and you may have a valid claim.
How Safe Are Products Expected To Be?
Under Virginia law, a product must be reasonably safe for its intended use and for any other use the manufacturer should expect. However, products do not have to include every possible safety feature, because that is often unrealistic or would make the product too expensive.
Manufacturers must remember that people make mistakes and may, without even realizing it, use a product differently from how it was intended. They must design and build products that are reasonably safe, even when some misuse is foreseeable. This doesn’t mean the product has to be completely foolproof.
When examining product liability cases, one of the most important questions to ask is whether the product could have been designed more safely. In most situations, manufacturers choose cheaper designs to save money, even though they create a glaring risk to consumers.
Is a Product That Harms Someone Automatically Considered Defective?
No, just because a product caused your injury does not automatically make it defective. In order for your claim to be successful, you will have to show that the manufacturer broke their warranty or was otherwise negligent. For example, if you can prove that a manufacturer willfully flouted safety protocols, disregarded known risks, or refused a safer design that was available, your case stands a much greater chance of success.
When a Virginia Beach defective product lawyer begins building a product liability case, one of the very first tasks they perform is checking whether or not the product has caused issues for anyone else. Establishing this type of fact pattern is much easier than it used to be because social media and Internet searches can quickly reveal troubling reports or complaints. Government websites also list recalls for cars, medical appliances, and other products that have been found defective.
What Is the Filing Deadline for Virginia Product Liability Lawsuits?
Virginia residents injured by defective products typically have two years from the date of injury to file a lawsuit. If you fail to file before this deadline lapses, the court can, and almost certainly will, toss your case and bar you from collecting compensation. Fortunately, there are some exceptions to this deadline.
For instance, if the injured person is a child or cannot make legal decisions because of a mental condition, the deadline to file a lawsuit may be longer. It’s best to contact a Virginia Beach defective product lawyer as soon as possible after an injury so you know how much time you have to file.
Do You Need Legal Help After Being Injured By A Defective Product?
If you were injured by a product that you believe was defective, you can discuss your potential case with one of the trusted Virginia Beach defective product lawyers at Shapiro, Washburn & Sharp. We can study the facts of your accident, gather important evidence, and explain the best way for you to ensure that your damages are fully compensated.
With over 100 years of experience combined, we have achieved successful outcomes in numerous defective and dangerous product cases, one of which was a jury verdict of $2.5 million for the family of a man who was killed when his riding mower caught fire.
As it happens, Mr. Shapiro has worked with engineers to develop and design multiple products himself and currently holds 18 domestic and foreign patents. This means that our clients have the benefit of working with an attorney who understands both the practical and legal aspects of product design.
To schedule a free case review, call us at (833) 997-1774 or fill out the contact form on our website. We have offices in Virginia Beach, Portsmouth, Hampton, and Norfolk.
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