There is nothing more frustrating than spending money on a product only to find it doesn’t work the way it is advertised, or it just doesn’t work at all. What can be worse, however, is when that defective product causes a personal injury or even the death of the person who used it. And it’s not just adults who are injured or killed. In 2021, over 60 products meant for children were recalled in the United States.
The law says that when a consumer is injured by a product that is defective, that victim can sue the party or parties who manufactured, distributed, or sold the defective product. A personal injury attorney will determine which party was negligent in the defect or danger the product presented and pursue damages against that party or parties.
There are three categories a defective or dangerous product falls into:
- Design defect: When there is a flaw or error in the design of the product that existed even before the manufacturing of the product began.
- Manufacturing defect: When an issue during the manufacturing process caused a defect in the product.
- Inadequate warning: When the manufacturer fails to put the proper warnings on the product regarding the proper way the product should be used to avoid injury
In the majority of personal injury cases, the argument the victim makes through their attorney is that their injuries were a result of the alleged at-fault party’s negligence and failure to use reasonable care to keep others safe.
Product liability cases are not so much based on negligence but are instead argued on the strict liability doctrine. This doctrine says that the manufacturer of the defective product is liable for the injuries that their product caused the victim. This means that even if the company took steps to ensure the product was safe, it could still be held liable under certain circumstances.
These three factors must be present to prove strict liability:
- The product was dangerous even when it was used in the manner it was intended to be used.
- The defect or danger existed when the victim purchased the product.
- The defect or danger caused the victim’s injury.
Contact a Virginia Personal Injury Attorney Today
If you or a loved one has been a victim of a defective or dangerous product, contact one of our Virginia defective product attorneys to discuss what type of personal injury claim you may have. The legal team at Shapiro, Appleton Washburn & Sharp has been advocating for victims and their families for more than three decades. We have successfully represented many clients in obtaining the financial compensation they deserved through a personal injury lawsuit. Call our office today for a free and confidential case evaluation.
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