Introducing the Law of Product Liability – A Virginia Injury Lawyer’s View

In March our injury lawyers will be writing about defective products, in particular dangerous and defective drugs.

When you take a drug for an ailment, you will naturally believe it will help you. The reality may be somewhat different. Often the big drug companies care more about their profits than the effect a drug will have on a patient. They may hide adverse effects and market a drug to people who should not be taking it.

In some cases a drug may do more harm than the condition it’s meant to relive. Of course there are many other products that may harm you ranging from common household items to defective automobiles to heavy industrial machinery.

Many people do not realize that defects in products may render the manufacturer legally responsible for injuries you suffer. If you have been hurt in an accident caused by a faulty product, you may be entitled to compensation for your injuries from the manufacturer, seller, or another party.

WHAT IS THE LAW OF PRODUCTS LIABILITY IN VIRGINIA?

Products liability law is a type of personal injury law that holds a manufacturer, distributor or a retailer responsible for your injuries. A manufacturer’s liability for a badly designed or improperly made product applies to all types of products. Here are some typical examples of defective products than can and have caused injuries.

• Faulty car parts or tires
• unsafe wiring in electrical devices such as hair dryers or kitchen appliances
• Sporting or household equipment that’s been poorly manufactured
• Medical devices and healthcare equipment such as artificial hips
• Dangerous drugs
• Consumer products that have been recalled
• Dangerous children’s toys, car seats or strollers
• Cars that catch fire or exacerbate injuries in simple crashes
• Heavy Industrial machinery without proper safety features
• Ladders or construction tools that fail in normal use
• Garden tools such as lawnmowers

WHAT ARE THE TYPES OF PRODUCTS LIABILITY LAWSUITS?

• Flaws in a product’s design — Design defects involve products with inherent flaws that make them unsafe to use such as a car that is prone to catching fire. Recalls are often issued after a product is found to be defective is, therefore potentially unsafe when used as intended.
• A defect in the product’s manufacture — An item that is poorly manufactured, making it unsafe, may lead to a products liability lawsuit even if the design was adequate. An example might be a poisonous substance that is inadvertently included during the manufacturing process.
• A failure to warn of potential danger — A manufacturer can be found liable for injuries caused to you by a product if you were injured as a result of a hidden danger that could have been prevented if you’d been adequately warned. Some prescription medicines are sold to doctors and the public with poor labeling to warn of risks for some patients.

Our website contains further questions and answers about product liability. If you have been hurt by a dangerous or a defective product, you should call us at 757.455.0077.