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Products Liability: Things to Know

Injuries resulting from the use of a defective product can feel overwhelming. You might wonder whether you used the product incorrectly, or if something inherent in its design caused your injury. You might not know where to turn. 

Fortunately, civil law allows victims of defective products to hold the responsible parties liable through a personal injury lawsuit. If you’re hoping to win a settlement for your damages, here are some things to know about product liability. 

Different Categories of Products Liability 

Products liability refers to the area of the law wherein the victim of a defective or unreasonably dangerous product can seek financial relief for their damages through a civil suit. 

From the legal point of view, there are three types of product defects:

  • Design defects — There is an inherently defective aspect of a product’s design, present from before it was actually manufactured. 
  • Manufacturing defects — When a product isn’t manufactured properly and causes injury, this is considered a manufacturing defect. 
  • Marketing defects — Sometimes the dangerous aspects of a product aren’t properly communicated; this could be the result of a missing warning label or insufficient instructions. 

Fault is tricky to prove in products liability cases and will likely require expert testimony. Although many believe that sole responsibility lies with the manufacturer for a defective product, it’s possible that others involved in the chain of supplies, from vendors, component manufacturers, and shippers can also be held liable. 

Time Limits to Sue for a Defective Product injury 

A state’s statute of limitations limits the timeline in which products liability claims can be brought. These deadlines depend on the jurisdiction in which the claim is filed. 

Plaintiffs in the state of Virginia generally have two years to file a defective product claim. Whether your case ultimately makes it to court or is settled outside of it, getting your claim filed by the statute’s deadline is vital if you are to be successful. 

What Are the Damages I Can Earn for My Defective Product Injury?

Often, plaintiffs are unaware of the full extent of their damages. This is because damages can range from the purely physical or proprietary, to the intangible. The amount of damages you can win will ultimately be decided by how skillfully you can negotiate with the at-fault or their insurer. 

Some of the traditional damages in products liability cases include: 

  • Medical expensesAll bills for operations, procedures, therapies and other ongoing medical care related to your injury can be cited. 
  • Lost wages — If your injuries are severe enough to prevent you from returning to work, your claim might reflect the economic impact caused by lost wages. 
  • Pain and suffering — When your injuries cause lingering pain and suffering, your damages may be increased to reflect it. 
  • Punitive damages — Sometimes, at-fault parties are punished for their role in creating or distributing a defective product. 

Understanding the full scope of your damages in a products liability case can be complicated. An experienced products liability lawyer in Virginia can help you maximize your potential settlement. 

Reach Out to a Products Liability Lawyer 

Earning a favorable result in a products liability case invariably requires the help of expert testimony and a robust legal strategy. The Halperin Law Center is backed by a team of top-rated attorneys who are ready to fight for you. 

Why not contact a products liability lawyer from our firm? Call 804-527-0100 or fill out the form below to get started with a no-obligation case consultation.