Portsmouth, VA Product Liability Lawyer
If a faulty or dangerous product has harmed you, it is important to understand what legal options may be at your disposal to pursue compensation for your injuries. A Portsmouth, VA product liability lawyer can evaluate the basis of your potential claim and advise whether you may have a viable case against the manufacturer or another negligent party. You need a legal advocate who can stand up for your rights and fight aggressively to get you the compensation you need to fully recover. The personal injury attorneys at Cooper Hurley Injury Lawyers can manage all aspects of dealing with your claim and work hard to ease the burden on your shoulders.
Assessing Legal Liability When a Product Harms a Consumer in Portsmouth, VA
There are a few different ways an attorney can approach a case for a faulty or defective product. These approaches include proving negligence or breach of warranty. The cause of the claimant’s injury largely determines which approach is the most viable ground to support a claim for compensation.
As an example, when a manufacturer violates a duty of care to a consumer, such as its duty to use reasonable care to test a product’s safety adequately, the company may be held responsible if its violation directly injures the consumer. If the company distributed the item in question with an inherent flaw that hurt a consumer, it might be possible to bring a product liability claim on the grounds that the manufacturer breached its warranty.
There are several ways in which a manufacturer can be held liable for when a product injures a consumer. One of the most common situations that can lead to a product liability claim is when an error or flaw occurs during the production process, making the product dangerous for consumer use. For instance, if a batch of a pharmaceutical drug is exposed to a hazardous substance during manufacturing, what was before a reasonably safe product may suddenly present an unreasonable risk to a consumer.
Sometimes, rather than a mistake that occurs during manufacturing, the actual design of the product may have a built-in flaw that makes it dangerous for a consumer to use. Besides a manufacturer’s duty to take necessary measures to ensure that its products are reasonably safe for consumer use, both during the design and production process, the company also has a legal obligation to market a product with adequate consumer warnings and instructions. In the absence of sufficient disclosures and warnings, a consumer may be unaware of possible hazards and suffer otherwise preventable injuries.
A local attorney can examine someone’s product liability claim and determine what legal recourse may be possible given the details of the case. A lawyer can also identify whether the manufacturer or other entity may be found at fault.
Compensatory Damages Available in a Product Liability Lawsuit
The compensatory damages available in a product liability case may include the injured individual’s economic and emotional damages, and potentially punitive damages as well. Economic damages may include costs of the injury such as hospital bills, surgery, ongoing medical care and rehabilitation, lost wages, future loss of earning capacity, and any other predictable losses. Noneconomic damages do not have an exact value attached to them and may include the injured person’s pain and suffering, disfigurement, inconvenience, mental anguish, and emotional distress. A court may allow punitive damages if the manufacturer, distributor, retailer, wholesaler, or other liable party acted with gross negligence or wanton disregard for consumer safety.
Deadline to File a Claim
It is crucial to understand that state law limits how long someone has to bring a claim after sustaining harm from a dangerous or defective product. While various factors can impact the timeline in which a person must file a product liability claim, most lawsuits fall under the state’s two-year statute of limitations according to Virginia Code §8.01-243.
If an injured party delays and tries to file his or her claim after the statute of limitations expires, he or she could be ineligible for compensation. Because of this tight deadline, it is vital for someone with a potential product liability claim to consult with a Portsmouth, VA attorney as soon as possible after sustaining an injury.
Reach out to a Portsmouth, VA Product Liability Attorney
A Portsmouth, VA product liability lawyer can provide in-depth legal guidance about your prospective claim. Do not hesitate to call Cooper Hurley Injury Lawyers for more information if you sustained injuries after using a faulty product. Call today to speak with one of our dedicated attorneys about your potential case.