How Product Defects Can Lead to Wrongful Death Claims
Richmond residents and visitors to the area can sustain severe and life-threatening injuries in a range of circumstances, from motor vehicle collisions and pedestrian accidents to dog bites and use of defective products. In any situation where nonfatal injuries are possible, there is also a possibility of fatal injuries. While personal injury law allows injured people with nonfatal injuries to file claims for compensation, wrongful death law is an important counterpart that permits a personal representative of the deceased’s estate to file a lawsuit against the responsible party.
Much too often, product defects can result in serious and deadly injuries. When a death results from the use of a defective product, it may be possible for surviving family members to obtain compensation through a wrongful death lawsuit. Our Richmond wrongful death and product liability lawyers can tell you more about how product defects can lead to wrongful death claims.
Products Can Have Different Types of Dangerous Defects
To understand how product defects can give rise to wrongful death lawsuits, it is important to learn more about how consumer products can cause fatal injuries. Generally speaking, consumer products can have different types of defects that include the following:
- Design defects, where a consumer product has something wrong with its design (before it is ever made or manufactured);
- Manufacturing defects, where a consumer product had something go wrong in the process of being made or manufactured; and
- Marketing defects, also known as “failure to warn” defects, where the product itself doesn’t have something physically wrong with it, but the product was marketed or labeled in a way that failed to warn consumers about risks associated with its use.
Any of these types of defects can result in fatal injuries. When a defect does cause a fatal injury, Virginia wrongful death law allows the personal representative of the deceased’s estate (also called the executor) to file a lawsuit to seek compensation for the deceased’s surviving family members, including a spouse, children, grandchildren, siblings, and dependents.
Common Types of Product Defect Injuries in Wrongful Death Lawsuits in Virginia
Although Virginia is one of only a few states that does not recognize strict liability in product defect cases, you can hold a designer, manufacturer, or other party accountable for a defect that caused a fatality by filing a claim on the basis of negligence or breach of warranty. Common types of product defect injuries in wrongful death claims include but are not limited to:
- Motor vehicle defects, such as defective brakes;
- Furniture tip-over injuries resulting in child fatalities;
- Toy and child clothing defects leading to choking deaths;
- Defective medication or medical device cases; and
- Exposure to harmful chemical products like weed killer that causes cancer deaths.
Contact a Wrongful Death Lawyer in Richmond
If you recently lost a loved one in connection with a product defect, it is essential to seek advice from one of the experienced Richmond wrongful death lawyers at Latham & Martin as soon as possible. Our firm knows how devastating these situations are, but we also know how critical it is to begin working on a claim as soon as possible to hold the liable party accountable and to obtain the compensation that is necessary for yours and your family’s support at this time. Contact us today to find out more about wrongful death cases arising out of product defect injuries in Virginia.
Sources:
law.lis.virginia.gov/vacodefull/title8.01/chapter3/article5/
scholarship.richmond.edu/lawreview/vol56/iss1/13/
