Every year, there are thousands of products that are recalled because of some kind of design or manufacturing defect. These recalls do not occur until there have been reports of injuries or complaints filed by consumers. Tragically, by the time the general public learns of the danger from a defective product, there have often already been victims who have been injured or even killed.
When a victim is injured because of a defective or dangerous product, the law says that they have a right to pursue damages against the party or parties responsible for the defective product. Many people who have been injured seek financial compensation for their losses through product liability claims or lawsuits. A Virginia personal injury lawyer can advocate you against the company and its attorneys.
Who Is Liable?
The first question that a personal injury lawyer will determine is who is the party that is liable for the injuries a victim sustains from a defective product. The laws say that this is the party who is responsible for the victim’s losses. Some of the most common parties to these actions include:
- The company that manufactured the product
- The company that manufactured components used in the product
- The company that assembled or installed the product
- The company that distributed the product
- The company that supplied the product to retailers and other establishments
- The company that acted in the role of wholesaler for the product
- The retail outlet that sold the product to the consumer that was ultimately injured
Elements of the Lawsuit
Once the lawyer has determined which party or parties are liable for the victim’s injury, he or she will then begin to build evidence to prove negligence in the product liability lawsuit. In many jurisdictions, there is the theory of strict liability which is in place. This means that the victim does not have to prove the company that made the product was negligent. The defective product is enough to prove that negligence.
However, there are three elements that a victim – through their lawyer – must prove to be successful in their claim:
- They must prove the product that injured them had some type of defect or flaw.
- They must prove that this defect made the product dangerous.
- They must prove that the injury caused them losses, such as medical bills, loss of income, pain and suffering, and more.
Type of Defect
When a personal injury lawyer files a product liability lawsuit, there are three categories of defects that the lawsuit will fall under:
- Defect in the design of the product: The defect is in how the product was designed.
- Defect in the manufacturing of the product: The defect was caused by how the product was manufactured, often because of mistakes or other problems.
- Defect in the marketing of the product: The defect was caused by how the product was labeled or how the product was marketed, either by failing to give appropriate instructions or failure to provide sufficient warnings.
Call Our Office Today
If you or a loved one has suffered injuries as a result of another party’s negligent or reckless actions, contact a Virginia personal injury attorney from Shapiro, Appleton, Washburn & Sharp. It is critical to remember that Virginia has placed a statute of limitations on how long victims have to file a claim for damages against those responsible for their injuries, so do not delay. Failure to file before that legal deadline could mean you lose any chance of ever filing your claim or getting justice against the person responsible for you or your loved one’s injuries.