Products Liability: Hurt by a Defective Product.
If you or a loved one has been injured by a product that malfunctioned, lacked a proper warning label, or was dangerously designed, call attorney Dale Webb at the law firm of Frankl Miller Webb & Moyers. The initial consultation is free, confidential, and attorney Webb will call you back.
Let Us Help If You Are Injured By A Defective Product
Our lives are dramatically improved by the products we use. From medical devices, automobiles, lawn mowers, household appliances, industrial machines and every-day consumer goods, technology improves our lives. Unfortunately, sometimes, products are dangerous or fail to work properly. When they do, an injured individual’s life can be drastically altered forever.
At Frankl Miller Webb & Moyers, we help people who are injured by defective products get compensation for their severe injuries. Our Roanoke office will work to maximize your compensation, so that you can move forward with your life in a positive direction. You can call our office now at 540-627-5131 to schedule your free consultation with an experienced personal injury attorney.
Understanding Virginia’s Product Liability Law
Virginia products liability law is different from other states that apply “strict liability” to product liability cases. Virginia law basically means a manufacturer is automatically liable when its product injures someone even though there may be no fault on the part of the manufacturer. Virginia, in comparison, applies a “negligence standard” to product liability cases. An injured party must prove one or more of the following things to successfully file a product liability claim:
- The product that caused the injury was manufactured or designed in an unreasonable manner; or
- The manufacturer failed to adequately warn consumers of dangers associated with the product; or
- The manufacturer failed to give proper instructions for the products’ use. For instance, if a piece of equipment can roll over if used in a certain manner, failing to warn that this could happen could lead to liability.
In addition to negligence theories of liability, an injured party may have a claim in Virginia for a “breach of warranty” legal theory. For example, if the manufacturer or seller either expressly or impliedly communicate that a product is safe for a particular purpose and it is not, a warranty claim may be available. Our firm has years of experience in identifying and developing the relevant evidence that is crucial to bringing a successful defective product case in Virginia.
Securing Evidence For A Defective Products Case
Products liability cases usually involve the use and retention of expert witnesses. These expert witnesses will review the product to determine if, in fact, the manufacturer of the product deviates from appropriate industry standards. Our firm has developed over our many years of practice an extensive data base of experts addressing many different types of defective products. Our data base of experts is a vital tool that we make available to our clients to timely review and develop successful theories of liability in defective products cases.
Time Is Of The Essence
In Virginia an injured person normally has only two years from the date of injury to file a complaint against the manufacture. Failure to bring a claim against any potential defendant within two years may bar an otherwise potential product liability claim because the injured party waited too long to bring a lawsuit. Since sufficient time is needed to properly identify the manufacturer and develop the theories of liability, it is vitally important that our firm be retained as soon as practical after an injury occurs from a defective product.
Learn More By Speaking With An Attorney
While products have evolved to make our lives easier and improve the quality of our lives, defective products can cause serious and permanent personal injuries. Our firm has both extensive experience in evaluating and pursuing defective product claims. Our experienced team of professionals can assist you from the beginning of the case to preserve and collect the necessary information. Our lawyers can also evaluate your case and explain if your product liability case will likely be successful. Please call our office today at 540-627-5131 or send an email to schedule your free consultation.