Any new products—whether toys, power tools, or medications—must undergo rigorous testing to ensure they are safe for people to use or consume. Several agencies in the United States regulate and monitor products to ensure the safety of consumers. Unfortunately, dangerous and defective products still enter the market, leaving the public to suffer the consequences.
If you sustained damages because of a flawed product, product liability laws give you the right to take legal action against the at-fault party. A qualified Moundsville product liability lawyer could answer your questions and help you prepare a personal injury lawsuit.
What Is Product Liability?
Product liability covers dangerous and defective products and allows the public to take legal action against liable parties. When manufacturers, retailers, or distributors make hazardous and faulty products available to consumers and cause them harm, the legislation provides avenues to seek damages.
Victims who sustain damages because of carelessness can file claims to collect compensation from those responsible. A Moundsville product liability attorney could review your case specifics and investigate to determine whether there is cause for action.
Types of Product Liability Cases
The majority of civil actions resulting from damages caused by defective products will fall within the following three categories:
Manufacturing Flaws
Manufacturing flaws are production errors that modify items and make them more dangerous for consumers than the original design intended. The defects usually only involve flaws that happen during production.
Design Defects
Design defects present inherent risks to consumers because of a flawed blueprint and development phase. Every product created from the flawed design presents an unnecessary risk of harm to consumers.
Defective Warnings
Defective warning lawsuits result from mistakes that occur while advertising products to the public. This includes cases where marketing materials fail to mention the potential risks of using a product, or where instructions for using the product safely are inadequate. A well-practiced product liability lawyer in Moundsville could review your specific case to see whether it fits this category.
Essential Time Limit for Recovering Damages
The state sets a strict time limit for taking legal action to recover damages caused by defective products.
West Virginia Code § 55-2-12(b) imposes a two-year statute of limitations for filing most lawsuits in product liability cases. While case specifics may reduce or lengthen the time, filing a claim after the statute’s deadline will likely result in losing eligibility to recover damages.
A skilled attorney in Moundsville could review your defective products case and handle the legal work on your behalf.
Schedule a Consultation With a Moundsville Product Liability Attorney
You have every right to expect that the products you buy are safe. Sadly, there will always be cases where consumers suffer harm from certain goods. If defective manufacturing, design, or marketing caused you to sustain injuries or other losses from a product purchase, you may be eligible to collect a settlement from the at-fault party or their insurance company.
A seasoned Moundsville product liability lawyer at Bordas & Bordas could provide you sound legal advice and collect evidence to build a solid claim for damages. Schedule a free consultation so we can begin to prepare your case immediately.