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January 28th, 2026
A dangerous or defective product could lead to serious injuries, through no fault of the user. While a lawsuit may seem confusing, it is important to hold the responsible party liable for your damages to ensure they make safer products in the future.
Our compassionate team of product liability attorneys could help you through this often complex legal process. Continue reading to learn how to know if you have a product liability case in West Virginia.
In West Virginia, there are four key elements to be aware of to determine whether you have a successful product liability claim. First, you must have suffered actual harm that resulted in economic losses, such as physical injury, property damage, or death. Second, the product must have flaws in its design or manufacturing or lack sufficient warnings or instructions. Third, the defect must be the direct cause of your damages, referred to as causation in legal terms. Finally, you must have been using the product as intended or in a reasonably foreseeable way when you sustained your injuries.
Even after you recognize whether you have a product liability claim in West Virginia, the timeline to file a claim with the state is not always clear. You have just two years from the day a defective product injured you to file a liability claim. However, if your damages are not immediately apparent, do not worry.
West Virginia’s statute of limitations begins when you discover the injury, at which time you could initiate proceedings to hold the product’s manufacturer or their insurance company liable. Additionally, if the injured party was your child or a minor under the age of 18, the statute may be extended until their 18th birthday. You may also have longer to file a claim if the defendant attempts to conceal the injury. However, waiting is risky as the court may dismiss your valid case if you delay too long.
If you are unsure how to know if you have a product liability case in West Virginia, we are here to guide you. Our team of trusted Bordas & Bordas attorneys has the skills and experience to oppose powerful corporate manufacturers. Let us protect your rights against insurance adjusters and teams of corporate lawyers.
We have won millions for clients like you, such as when we secured a $4 million verdict against Honda for our injured client. Start your claim today and contact our local office for a free initial consultation. We could quickly ascertain if you have a product liability case that could lead to compensation for all of your damages, even pain and suffering.
