Product Liability

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Product Liability2022-05-05T07:10:59+00:00
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Product Liability Lawyers in Wheeling, West Virginia

Have you been hurt as a result of a product you used? Did a prescription medicine create long-term discomfort and adverse effects? As a consumer, you have some right to protect yourself from unnecessary damage or harm, regardless of the product or medicine you were consuming.

Ghaphery Law Offices’ product liability lawyers can assist you in pursuing financial compensation and justice via a product liability lawsuit.

We are confident that the items on the shelves are safe to use and consume. However, on rare occasions, a product may be very hazardous to customers, even fatal.

Everyone from the product designer to the manufacturer, distributor, and shop manager owes it to customers to ensure that their products are safe, and product liability legislation can be broken in various ways. 

Let our personal injury law firm in Wheeling, WV assist you in claiming compensation for your injuries as a result of faulty products. 

What is Product Liability?

The area of law in which manufacturers and distributors are legally accountable for producing faulty or harmful products is known as “product liability.” State legislation requires manufacturers to ensure that their products fulfill at least the minimal quality and safety requirements.

“Ordinary customer expectations” must be met by the goods. If a person in charge of manufacturing a product, intentionally or unintentionally, places a dangerous product in customers’ hands, the manufacturer will be held accountable for any losses that ensue.

What Are the Types of Product Liability Lawsuits Under West Virginia Law?

product liability lawyersThere are three sorts of product liability cases in general. Negligence, strict responsibility, and breach of warranty are the three main theories of liability. These sorts of cases are usually classified as product liability claims.

Almost any tangible item available for purchase is susceptible to such flaws. Trucks, firearms, motorbikes, toys, drywall, tools, appliances, and over-the-counter and prescription pharmaceuticals all fall under this category.

Negligence

You must prove that the maker has been negligent in the design or production of the product to bring a negligence claim. It is usually accomplished by demonstrating that the defendant has a duty to market a safe product and that they have failed to do so.

If the plaintiff can show that the defendant knows or should have known that the goods are faulty, the plaintiff has established a “breach of duty.” The plaintiff must additionally show that the defective goods has caused their injuries.

Strict Liability

In product liability proceedings, strict liability is the most prevalent defense. You must establish that a product fault exists and that it has caused you damage to pursue this claim. If you can prove this, the manufacturer may be held severely accountable for any losses that follow, regardless of whether the product has been manufactured with utmost caution and care.

The main criterion for recovering under the strict liability theory in West Virginia is that an injured individual can collect if they have been hurt by a product that has not been reasonably safe for its intended use.

Furthermore, other manufacturers producing comparable items are not a justification under West Virginia law. To win a faulty product strict liability lawsuit in West Virginia, you must show that you have been hurt by a defective product while using it in the way it isintended or in a reasonably foreseeable manner.

Breach of Warranty

A warranty is a promise the seller gives that the product is not faulty or that it meets the manufacturer’s specifications for safety and performance. When a representation of the product’s quality is made at the time of sale, the product is considered to be under warranty.

You can file a breach of warranty claim if the goods turn out to be faulty or not as represented, resulting in harm. You have two warranties to choose from when you buy anything: an express warranty and an implied warranty.

  • Express Warranty. Any representation made by the manufacturer or retailer about the product’s safety. If the product is not as promised and the purchaser is hurt or suffers a financial loss, the express warranty has been violated.
  • Implied Warranty. An implied promise from the maker (or other accountable parties) that the product will not damage you if used as directed. Legally enforceable warranties may exist even if the vendor has not made any particular representations regarding the product’s quality or safety.

Remember that a warranty does not have to be expressed in words like “warranty” or “guarantee.” A warranty is issued when a seller, manufacturer, or retailer certifies the product’s quality.

Furthermore, any individual who will reasonably be anticipated to utilize the product is covered by the breach of warranty cause of action.

What Are the Different Types of Product Defects?

There are three categories of product flaws that might lead to lawsuits in West Virginia. If one of these flaws exists, the injured person will undoubtedly be able to pursue a strict liability suit, which means they will not have to establish the defendant’s negligence.

Instead, regardless of whether the defendant was negligent or not, the courts will hold the defendant strictly accountable for the harm. The following are the three types of product defects:

Design Defect

A designer may inadvertently design a product with inherent defects that render it harmful. For instance, if a vehicle maker creates a vehicle with a high center of gravity that puts it at an excessively high risk of flipping, the car will have a harmful design error. A design mistake can also be defined as failing to test a product design.

Manufacturing Mistakes

Because of a mistake made on the production line, some items with safe, typical designs have flaws. Manufacturing errors and defects arise during product production, such as a batch of cold medicine that contains an excessive amount of a potentially harmful chemical.

Marketing Defects

In some circumstances, consumer injuries are caused by a marketing blunder or a failure to offer proper warnings or instructions. The producer’s responsibility is to evaluate products and provide explicit warnings about potential risks, such as a child’s toy with small components that are not suitable for children under the age of three. Failure to adequately advertise the goods or provide enough warnings about potential dangers might render them unsafe and faulty.

A plaintiff must know what kind of product flaw they encountered and how that would impact the claim. While in court, the plaintiff must identify the product problem and exhibit it appropriately.

Our West Virginia product liability lawyers at Ghaphery Law Offices can assist clients in identifying product faults based on an investigation of the item.

What Are the Products Commonly Involved in Product Liability Claims?

Our West Virginia product liability lawyers at Ghaphery Law Offices have helped clients with claims from the following types of products:

Medications

If you have suffered adverse health effects due to unsafe or faulty pharmaceuticals like Yaz, Accutane, Crestor, Fosamax, or Topamax, our product liability lawyers can assist.

Medical Devices

We can also assist you if a piece of defective medical devices, such as IVC blood clot filters, prosthetic hips, pelvic meshes, or IUDs, has caused you damage or necessitated additional surgeries or medical treatments.

Auto Parts

A faulty motor part may fail, resulting in an accident that leaves you injured. If your car has defective brakes, tires, airbags, or other fitted equipment, our West Virginia product liability lawyers can help you get compensation.

Toys

Faulty toys can be highly harmful to children, especially small children who may continue to play with a defective or damaged toy without recognizing it.

Tools and Equipment

When power tools and other equipment have faults that induce catastrophic breakdown, they can easily cause injuries. Poor design or a lack of safety features can also cause injuries.

What is the Time Limit for Filing a Product Liability Claim in West Virginia?

Like all other forms of personal injury claims in West Virginia, product liability claims have a rigid deadline for filing. If you believe you have a case against a product manufacturer or supplier, you should contact our West Virginia product liability lawyers as soon as possible to avoid missing a deadline.

Injured parties in West Virginia have two years from their injury to initiate a product liability claim. If you discover your injuries later, the courts will toll or extend your deadline in rare situations.

For example, the courts will extend the deadline if a plaintiff discovers they have mesothelioma 20 years after being exposed to asbestos materials. To find out if you still have time to file, speak with one of our experienced product liability lawyers.

What is the Process in a Product Liability Lawsuit in West Virginia?

The first step in filing a product liability lawsuit is assessing if the product you have been injured by was faulty or harmful.

You and your attorney typically use experts to assess if the product that has hurt you has a design problem, manufacturing defect, failure to instruct, or failure to warn.

If a product has a flaw, the manufacturer, retailer, or any entity in the supply chain may be held solely responsible for your injuries and damages. You do not need to establish that those persons have behaved carelessly or recklessly in West Virginia.

In most product liability cases, expert witnesses will be required to testify how the product that has hurt you was faulty or dangerously unsafe. Expert witnesses will have to show how the product failed to meet its design standards and how this has resulted in your injuries.

According to the experts, your harm may have been avoided if a safer alternative design or alternative instructions or warnings had been employed.

How Our Product Liability Lawyers Can Help With Your Claim?

A West Virginia product liability lawyer of Ghaphery Law Offices can assist you if you have been hurt by a product that you feel was faulty or unreasonably harmful.

Our goal is to get compensation from the makers or merchants of such items on your behalf. When you choose our firm to defend you in a product liability lawsuit, you can expect our skilled product liability lawyers to do the following:

  • Investigate your accident and injuries independently, including having an example of the product that harmed you (if available) evaluated by our specialists. These specialists can determine why the product is faulty and how the flaw contributed to your accident and injuries.
  • Identify all responsible stakeholders in the supply chain, such as component suppliers, manufacturers, assemblers, and merchants.
  • Work with medical, financial, and vocational specialists to help us build a compelling case to prove the degree of your damages and injuries.
  • Notify the responsible parties of your claim and pursue a negotiated solution that provides you with fair and complete compensation.
  • Prepare to take your case to court and, if necessary, trial to get the money you need and deserve.

Contact Our Product Liability Lawyers Today

Many items have hidden flaws that make them excessively dangerous and, as a result, cause serious accidents. If you were injured due to a harmful product, you may be entitled to compensation and should speak with product liability lawyers in West Virginia.

At Ghaphery Law Offices, we are experienced in navigating the complexity of product liability claims. Our product liability lawyers will vigorously advocate on your behalf for the maximum amount of claims for damages possible under the law.

You can contact us at our office in Wheeling, West Virginia. Our

handles diverse cases of personal injuries ranging from car accidents, dog bites, pedestrian accidents, and even wrongful death.

You may also book a free and confidential meeting with our personal injury attorneys by contacting us online.