Trusted Virginia Product Liability Lawyers

Holding Companies Responsible for the Injuries They Inflict on Customers

Product liability laws are supposed to protect the innocent victims of product defects and hold those responsible—including manufacturers, retailers, suppliers of parts, designers, and wholesalers. But the complexity of the law and the evasive tactics of the big companies behind products make it difficult for those injured to pursue legal justice. 

Our Virginia product liability attorneys aren’t intimidated by the scare tactics of large corporations. We’re laser-focused on getting our clients the maximum compensation for their injuries. 

Start your product liability case with a free evaluation from one of our legal experts at 855-212-8200.

Contents

• What is Product Liability?
• Types of Product Defects
• Statute of Limitations in Product Liability Cases
• Types of Damages Awarded to Victims of Defective Products 
• Grounds for Product Liability Claims in Virginia 
• Who Is Responsible in Virginia Product Liability Cases
• Building a Product Liability Case in Virginia
• Choosing an Experienced Product Liability Lawyer in Virginia
• Product Liability Frequently Asked Questions

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What Is Product Liability?

When a manufacturer or seller decides to create, market, and sell a product to consumers, they take on responsibility for that product. So when that product is defective, they take on liability for putting it into the hands of the customer. 

Manufacturers, distributors, suppliers, and retailers often cut corners to save costs, and when they do, they compromise the integrity and safety of their products. That can lead to serious injury or even death for the customer. When that happens, product liability laws take effect in order to hold the guilty companies responsible. 

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Types of Product Defects

Under Virginia law, there are three major causes of defective products. When any of these mistakes are made at any stage in the design, manufacturing, or distribution of a product, the company behind that error is liable. 

Design Defects

When engineers or designers draw up plans for a product, they are legally obligated to ensure that design is safe for users, but sometimes the danger of a product is overlooked or ignored. In order to hold the designer responsible, you must prove that the product’s design was dangerous and a safer design was possible. 

Examples:

• A top-heavy vehicle that is prone to rolling over
• A child’s safety seat without belts to hold the child in place
• Pesticides made with carcinogens instead of safer chemicals  

Manufacturing Defects

Manufacturing defects are the most likely cause of product liability. Even when a product’s design is safe, if a manufacturer does not exactly follow the design, the product can be flawed and dangerous. A manufacturing defect can affect a single product or an entire batch and can be the result of human or machine errors. 

Examples:

• A prescription drug that is contaminated during processing
• An airbag system that does not include the mechanism to deploy the airbag on impact
• An electric heater with wiring that was not correctly installed

Marketing Defects

Sometimes a product is inherently dangerous, in which case the manufacturer must communicate these dangers to customers. Clear, detailed instructions or labels must be included with the product, and when manufacturers or distributors fail to do so, it is considered a “failure to warn” and endangers the user. 

Examples:

• A medication marketed without a list of potential side effects
• A power tool sold without a proper instruction manual 
• Children’s toys marketed without describing the intended age range

Statute of Limitations in Product Liability Cases

In personal injury cases like product liability, the statute of limitations refers to the amount of time the victim has to file a lawsuit. In Virginia, the injured party has two years from the date of the accident to file a product liability claim. 

Building an effective product liability claim requires time to gather evidence, witnesses, and testimony. In order to do so within two years, you should utilize the power and knowledge of an experienced product liability attorney. The lawyers of Breit Biniazan can help you build a strong case within the timeline of the statute of limitations.   

Types of Damages Awarded to Victims of Defective Products

While the injuries caused by a defective product may be physical, the effects of that injury extend far beyond the body. In order to account for these negative consequences, there are different types of damages a victim of a defective product can claim. 

Special damages cover the financial costs of your injury, such as:

• Medical care
• Lost wages or earning potential 
• Replacement of the defective product
• Other financial losses 

General damages cover the non-economic losses caused by your injury, such as:

• Pain and suffering 
• Mental anguish 
• Loss of consortium

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Grounds for Product Liability Claims in Virginia

There are three types of product liability claims: negligence, breach of warranty, and strict liability. Strict liability claims are based on the inherent danger of a product, but these claims are not valid in Virginia.  

Negligence

In order to make a negligence claim, you must prove that the companies behind the product had a duty to create a safe product, that making a safe product was possible, and that they were negligent in meeting those safety standards. 

Negligence can occur at any point in the design or manufacturing process. If negligence occurred during the design process, then all of the products created were defective. If negligence occurred during manufacturing, it may have affected one product or an entire batch. 

Investigating the point at which negligence occurred is a time-consuming and legally complicated process. If negligence was to blame, you will need the help of a qualified product liability law firm like Breit Biniazan to prove your case. 

Breach of Warranty 

Think of a breach of warranty as similar to “false advertising.” It is used in cases where the manufacturer or distributor made a claim about the product that was not true, leading to an injury. 

This can be a breach of an expressed warranty, where the seller makes an explicit claim, in writing or verbally, about the product, but that claim is not true. It could also be an implied breach of warranty, in which claims about a product are inherently implied.

In a breach of warranty case, you do not have to prove negligence on the part of the manufacturer, seller, or other responsible parties. You only have to prove that the product did not stand up to the expectations they set.  

Who Is Responsible in Virginia Product Liability Cases?

Tracing the path of culpability in a product liability case is complex because there are so many potentially liable parties. The defect could have originated at any point during the creation, production, or distribution of the product, implicating one of several parties, including: 

• Engineers or designers: In some cases, the very design of a product is flawed and the engineers or designers who overlooked or ignored this flaw are responsible. 
• Manufacturers: If the defect occurred during the creation of the product, the company or person who built it is to blame. If there are multiple manufacturers involved in the creation of the product or its parts, the manufacturer who caused the defect is liable. 
• Marketing firms: When the product information is false and it leads to injuries, the marketing firm could be to blame. 
• Wholesalers or distributors: As key players in the supply chain, wholesalers and distributors play a major role in getting products into the hands of customers. That means they’re responsible for ensuring those products are safe, and they are liable if they’re not. 
• Retailers: The final step in the product’s journey is the retailer who sells it directly to the consumer. This retailer also has a responsibility to sell safe products, and so they may be liable if the product is dangerous. 

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Building a Product Liability Case in Virginia

If you or a loved one were the victim of a product defect, you should demand justice and compensation from those responsible. With our lawyers on your side, we’ll prove: 

1. The product is defective. Proving that a design or manufacturing error led to a product defect will require evidence like product recalls, proof of similar accidents, testimony from experts like engineers or designers, or even incriminating internal documents.
2. You were using the product as intended. It’s likely that the defendant’s last-ditch effort to avoid blame will be to instead blame you and claim that you weren’t using the product correctly. It’s therefore necessary to prove that you were using it as directed, which we’ll do using your’s and witness’ testimony. 
3. You were injured by the product. It may seem obvious to you, but we have to prove without a doubt that the defective product caused your injuries. Doing so requires your personal testimony, as well as testimony from witnesses and medical experts. 
4. You experienced damages as a result of your injury. We must also prove that your injury led to economic or noneconomic damages. We’ll do so using evidence such as medical bills, estimates of future medical expenses, and proof of lost wages.

Choosing an Experienced Product Liability Lawyer in Virginia Beach & Richmond

If there’s one thing we believe at Breit Biniazan, it’s the importance of a person’s word. When a manufacturer, distributor, retailer, or anyone else claims a product is safe, it should be, and when it’s not, they’re going back on their word. Our lawyers won’t tolerate this dishonesty, and we demand these entities pay the price for their deception. 

Our Virginia product liability lawyers have stood up to greedy corporations who put their profits ahead of their customers, helping the victims of their avarice get fair compensation. We’ll do the same for you, fiercely advocating for justice so that you can move forward with your life. 

Our firm wants to ensure everyone has access to representation, so we operate on a contingency basis. That means you won’t pay us a dime until we help you win the compensation you deserve. 

Product Liability Frequently Asked Questions

Can I sue for a defective product?

Yes, if you or a loved one were injured by a defective product, you may be able to sue anyone involved in the design, manufacturing, or distribution of that product. However, if no one was injured, you will not be able to sue. 

Who can bring a product liability lawsuit?

If you were injured by a defective product, even if you were only a bystander, you can bring a liability lawsuit against those responsible. If your loved one was killed by a defective product, you may also be able to make a product liability claim.