The team at the Halperin Law Center is committed to ensuring justice and compensation for those who have suffered injuries due to defective products. Today’s blog explores the legal complexities of product liability cases and potential avenues for seeking compensation for personal injury or death.
Understanding Product Liability
Product liability refers to the legal responsibility of manufacturers, distributors, and sellers for injuries caused by defective products. These defects can arise from various product design or manufacturing stages. In general, three types of defects can give rise to product liability claims:
- Design Defects: This type of defect occurs when a flaw in the product’s design makes it inherently unsafe for its intended use.
- Manufacturing Defects: These defects occur during the manufacturing process, resulting in a product that deviates from its intended design and poses a danger to consumers.
- Failure to Warn: Failure to warn cases involve products that lack proper instructions, warnings, or labels, leading to foreseeable harm to consumers.
Legal Aspects of Product Liability Cases
Product liability claims are typically governed by state laws, which vary in their requirements and procedures. However, several common fundamental legal principles apply:
- No Strict Liability in Virginia – you Must Prove Negligence: In many jurisdictions, product liability claims are based on the principle of strict liability, which holds manufacturers and sellers strictly liable for injuries caused by defective products, regardless. That isn’t true in Virginia. In the Commonwealth of Virginia, you must prove that the product was defective when it left the manufacturer and that the defective product caused their injuries.
- Breach of Warranty: Product liability claims may also be based on breaches of express or implied warranties. Express warranties are specific promises made by the manufacturer or seller regarding the quality or performance of the product. In contrast, implied warranties are imposed by law and guarantee that a product is fit for its intended purpose.
Seeking Compensation for Victims
If you have been injured by or lost a loved one as a result of a defective product, you may be entitled to various forms of compensation, including:
- Medical Expenses: Compensation for past and future medical treatment related to the injuries caused by the defective product.
- Lost Income/Loss of Earning Capacity: Compensation for lost wages resulting from the inability to work due to the injuries and compensation for a future loss of earning capacity if you are unable to work.
- Pain and Suffering: Compensation for the physical and emotional pain and suffering caused by the injuries.
- Disfigurement or Disability: Compensation for scarring or, for example, loss of use of a portion of a limb.
How We Can Help
The Halperin Law Center understands the devastating impact that injuries from defective products can have on injury victims and their families. Our experienced team of product liability attorneys is dedicated to holding negligent manufacturers and sellers accountable for their actions and helping our clients obtain the justice and compensation they deserve.
If a defective product has injured you or a loved one, contact the Halperin Law Center for a free consultation. If your case is one that we may be able to assist with, we will review the details and evidence, explain your legal rights and options, and, if we believe your case has merit, work tirelessly to achieve a favorable outcome. Remember, you don’t have to face this challenge alone – we are here to help you every step of the way.
Product liability claims are one way to help ensure consumer safety and hold manufacturers accountable for the products they produce and sell. By understanding the legal aspects of these cases and seeking the assistance of experienced product liability injury attorneys, victims who have been injured by defective products can obtain compensation for their injuries. Contact the Halperin Law Center today to schedule a consultation to discuss your product liability claim.
