As consumers, we rely on the many products that we use and expect them to be safe and to do what they are supposed to do. Unfortunately, thousands of consumers are injured each year by defective or dangerous products. While manufacturers of consumer goods are supposed to warn consumers of the dangers of their products and recall them when the danger becomes serious enough—it often does not happen. Even when a recall is issued, many consumers are needlessly injured or killed before they are notified of the recall or have the chance to get their consumer product repaired or replaced.
If you were injured in a defective product accident—you may have a product liability claim against the manufacturer to obtain the compensation you are entitled to for your injuries. The product liability attorneys at Greenspun Shapiro PC have years of experience in helping clients like you obtain justice when they are injured by faulty products. Let us help you obtain the compensation you may be entitled to.
What Is Product Liability Law?
Products liability refers to a manufacturer of a product or its seller being held responsible for making defective products available to consumers and their families. There is no federal products liability law. Each state has its own law governing defective products. In Virginia, the following laws apply to product liability claims:
- A product is required to be reasonably safe for its intended use. This is different than having the ultimate safety features. If you suffered an injury due to an unsafe product, you could have a product liability claim.
- If a product is inherently dangerous and the danger would not be obvious to consumers—the seller and supplier of the product are required to warn consumers of the danger. Failure to issue a warning could make these parties liable under Virginia’s product liability laws for compensating injured victims.
- There is no duty to warn if the danger is obvious.
- If the product comes with an express warranty and you suffer injuries due to a breach of the warranty, you could have a claim for compensation. Express warranties are defined liberally to include statements about the qualities and characteristics of the product in advertising material, on websites, and in sales negotiations.
- Under Virginia law, an injured consumer is required to notify the seller of a defect in a product in a reasonable time after he knew or should have known about the defect. It is best to let your product liability attorney notify the seller for you.
What Are Common Types of Product Liability Claims?
Over the years, people have been seriously injured or killed because of many different defective products. Some of these products—such as the Takata air bags, Samsung Galaxy 7 cell phones, and GM ignition switches—and their defects have been widely publicized in the news. Dangerous products that have resulted in victims filing product liability claims include:
- Medical devices
- Over-the-counter drugs and prescription drugs
- Cars, trucks, other vehicles, and their parts
- Baby and child car seats
- Sporting goods
- Personal grooming products
- Cell phones and other electronic devices
Three Common Types of Defects in Consumer Products
In general, you must prove that there was a defect in the product and that the defect caused your injuries. There are three basic claims establishing that a product is defective. The following is a brief overview:
- Design defects. With this type of claim, a victim is claiming that there were dangerous defects in the original design of the product before it was even manufactured.
- Manufacturing defects. This occurs when a product is not manufactured according to its design or is otherwise improperly manufactured.
- Warning defects. When instructions are incomplete or fail to adequately warn of hidden dangers of the product—or the product is improperly labeled—you could have a product liability claim if you suffer injuries as a result.
Contact Greenspun Shapiro PC If You Were Injured Due to a Defective Product
Products liability cases are complicated. It can be difficult to prove that the product is defective, and its manufacturer will often aggressively fight to deny consumers’ claims. In addition, parties other than the manufacturer and seller could be liable, making settlement negotiations more complex. Let the experienced personal injury attorneys at Greenspun Shapiro PC take over the responsibilities of building your case, identifying all the responsible parties, and negotiating your settlement so that you get the compensation you deserve. Contact our Fairfax law office to schedule a free case evaluation to get your questions answered and learn about your legal options.