When a person buys a commercial retail product, they are fully entitled to expect that the product is safe and will function correctly. Sometimes products are defective and result in innocent victims suffering horrible injuries. The resulting lawsuits are known as product liability claims.
If you recently suffered an injury due to a defective product, a Richmond, Virginia product liability lawyer from Portner & Shure, P.A. can work with you to obtain the compensation you deserve. We have spent over 30 years fighting for and obtaining compensation for victims of defective products of all sorts. Our track record of success has allowed us to build a reputation for excellence in Virginia’s legal communities.
We can help clients who do not speak English as their first language. Our staff can speak Korean, Vietnamese, Chinese (Mandarin and Cantonese), and Spanish. Call now.
Types of Defects
There are essentially three ways a product can be deemed to defective:
- Design flaw
- Manufacturing error
- Insufficient instructions
Requirements for Product Liability Cases in Virginia
A victim may have a viable defective product claim if they used a product that was defectively designed, manufactured, or marketed. If the victim was misusing the product when the injury occurred, then the claim will be weakened. To determine if a victim has a viable product liability case, certain factors must be evaluated, including the safety of the overall design, provided instructions, and whether or not the product was thoroughly tested before being sold.
Virginia Law Regarding Product Safety
The Commonwealth of Virginia imposes several legal requirements on commercial products. Specifically, a product must be reasonably safe for its intended purposes and foreseeable uses. Manufacturers must consider potential foreseeable misuses of the product by consumers, such as when a child might be tempted to eat a small piece of a plastic toy despite that not being how to safely play with the toy.
There are two legal theories under which a manufacturer can found liable:
- General theory of negligence: Under this theory, a victim must establish that a duty of care was owed by the manufacturer, the manufacturer breached their duty, and the breach resulted in the victim’s injuries. If a victim proves that a manufacturer failed to properly inspect, test, or market the product, they may be able to establish a breach by the manufacturer.
- Breach of warranty: Under this theory, a victim must establish that their injury occurred due to a breach of warranty made by the manufacturer or seller. A warranty can be express (clearly written) or implied (an expectation that the product is not unreasonably dangerous).
Injuries & Compensation After Product Injuries
Defective products often result in severe injuries. Under Virginia law, a victim can receive both economic and noneconomic damages, including medical bills, lost wages, and emotional trauma. We can help you calculate the full extent of your damages, so you do not leave any money “on the table” when your case concludes.
We Fight Product Makers for You
Product liability claims usually require strong legal representation by a Richmond product liability attorney because product manufacturers spend vast sums of money and hire aggressive defense attorneys to fight these cases in court. We cannot be intimidated, and we routinely litigate complex personal injury cases and obtain favorable results for our clients. Our reputation of excellence can be seen with the numerous awards our firm has earned and the five-star reviews written by prior clients throughout the years.
All personal injury representation is performed on a contingency fee basis. Portner & Shure, P.A. receives no fee unless our client obtains a settlement or judgment in court.
