Who is Liable for a Product Defect Injury in Virginia?

Nobody anticipates that they will sustain a serious injury while using a consumer product they purchased at a retail store, or while driving a new motor vehicle. Yet consumer products frequently cause injuries as a result of defects. When a product defect results in a consumer injury, who is liable? And what do you need to do in order to obtain compensation to cover medical care for your injury and for other related losses? Our experienced Richmond product liability lawyers can explain more about liability for product defect injuries in Virginia.

Type of Defect Impacts Liability 

First, to determine which party or parties may be liable for a product defect injury, it will be essential to determine the type of product defect that caused your injury. As the Cornell Legal Information Institute (LII) explains, there are three general types of defects that can make a product unsafe for use:

• Design defects, where the defect occurred in the design stage of the product, and the designer or designers may be liable for harm;
• Manufacturing defects, where the defect occurred in the manufacture stage of the product, and the manufacturer of the overall product or one of its components may be liable for harm; and
• Marketing defects (also known as “failure to warn”), where the defect occurred in the marketing of the product, meaning that the retailer or seller or another related party failed to provide an adequate warning about known risks associated with intended use or foreseeable use of the product.

One or more parties can be liable for these types of defects, such as:

• Product designer(s);
• Manufacturer(s);
• Company that packages the product;
• Marketing company;
• Writer of instructions or manual for use of the product;
• Wholesaler; and/or
• Retailer(s) of the product.

Theories of Liability for Product Defect Injuries in Virginia 

In order to obtain compensation for a product defect injury, you will need to file a claim against one of the parties discussed above. A product liability lawyer in Richmond can help you to determine which party or parties are likely liable given the specific facts of your case. Unlike other states, Virginia does not use a “strict liability” model for liability in product defect injury cases. Accordingly, for an injured plaintiff to obtain compensation following an injury caused by a product defect, they will usually need to file a claim based on the theory of negligence and will need to prove the elements of a negligence claim in order to obtain compensation:

• Duty of care;
• Breach of the duty of care;
• Injury caused by the breach of the duty of care; and
• Damages resulting from the injury.

In some product defect cases, it may be possible to file a claim based on a theory of liability known as breach of warranty. In most cases, breach of warranty claims are brought against manufacturers or retailers who made certain promises about the product to the consumer.

Contact a Richmond Product Defect Attorney Today for Assistance 

Were you injured by a defect in a product you used? An experienced Richmond product liability lawyer at Latham & Martin, P.C. can help you to determine liability and to file a claim for financial compensation. Contact us today for help with your case.

Source:

law.cornell.edu/wex/product_liability#:~:text=Product%20liability%20is%20a%20doctrine,of%20their%20intent%20or%20knowledge