Hampton Product Liability Lawyer
Many laws and commercial codes have been enacted to protect consumers from harm. But there are times when the products we buy are not as safe as we thought they were. If a product is defective and causes injury to folks in Hampton, the manufacturer or seller could be held liable for their negligence or breach of warranty.
If you were injured by an item that was defective, you should reach out to an experienced Hampton product liability lawyer. Seeking legal relief against large corporations, insurance companies, and opposing law firms could be overwhelming for anyone. An accomplished personal injury lawyer from Cooper Hurley Injury Lawyers could have your back and help you bring a successful claim for a dangerous product.
Breach of Warranty in Virginia
In ordinary personal injury cases, a plaintiff would have to show that the defendant failed to prevent unreasonable risk of harm by acting negligently, causing their injuries in the process. However, in VA product liability cases, you may not need to show that the defendant was careless if the product failed to be fit for the ordinary purposes for which it is used.
There are several types of warranty claims in Virginia. The most basic is the warranty of merchantability, that the product was not fit or safe when it left the seller’s or maker’s possession. Other warranties can include any special or express promises made about the product.
Types of Defects
There are different ways a product can be considered defective. A product liability lawyer in Hampton can thoroughly investigate your claim to determine which type of defect resulted in your injuries.
Failure-to-warn occurs when a product fails to adequately warn or instruct a consumer of the hazards posed by the product. Unless the dangers and risks of using the product are obvious to the user, those injured by defective products in Hampton could have valid product liability claims. Dangerous drugs and medical devices are often unfit for use as the drugmaker did not tell patients or doctors about the problems caused by the item.
A design defect occurs when a product’s design is dangerous or defective from the start. All products that are made using this bad design are deemed defective and could be found inherently dangerous. Common examples of design defects are car models with defective designs or electronics that cause fire hazards.
The last type of defect that could serve as grounds for a product liability claim is known as manufacturing defects. Manufacturing defects involve products that become defective or flawed while they are being made. These defects typically manifest in isolated incidents and may result in one batch being defective. A set of barbells for working out that have a bad weld or fall apart would be an example.
Damages for Product Liability Injuries in Hampton
Virginia Code §8.01-243 gives plaintiffs two years from the date of their injury to file a claim. Those who suffer a product liability injury in Hampton may choose to seek economic, non-economic, or punitive damages.
Economic damages tend to cover quantifiable losses such as medical expenses, out-of-pocket expenses, and lost wages. Meanwhile, non-economic damages are harder to quantify as they compensate injured parties for emotional losses such as scarring, humiliation from deformity, pain and suffering, and loss of enjoyment of life. A dedicated Hampton product liability attorney could assist an injured individual with recovering damages.
How a Hampton Product Liability Attorney Could Help
Product liability cases are among the hardest fought lawsuits. Companies should be held accountable when they fail to keep consumers safe from harm. Sometimes the Consumer Product Safety Administration or other agency has forced a recall of the product, but sometimes the makers have hidden the known defects. A Hampton product liability lawyer from Cooper Hurley Injury Lawyers could review your case and help you fight for your right to recovery. Start exploring your options, call now, and schedule a free consultation.