When you use a product, you expect it to be safe for its intended purpose. Even inherently dangerous products should include safety features to reduce their risks. Defective products break this trust, creating unnecessary hazards that can cause serious injuries. If you have been injured because of a defective product, West Virginia law provides options for holding manufacturers, sellers, or distributors—or their insurance companies—responsible.
At Bordas & Bordas, our skilled personal injury attorneys have secured significant settlements for victims of defective products. We have taken on major corporations like Honda, Walmart, and GM—winning millions for injured clients. A Wheeling defective products lawyer from our firm will bring this same dedication to reviewing your case and pursuing the justice you deserve.
Understanding Product Liability Laws
West Virginia law recognizes three primary types of product defects:
- Manufacturing defects
- Design defects
- Failure-to-warn defects
Manufacturing defects happen when the product has a safe design but is improperly made. The manufacturing error makes it dangerous. Design defects have a design problem that makes them unsafe, even if manufactured to the design’s specifications. Failure to warn arises when manufacturers fail to provide adequate safety instructions or warnings about risks.
Succeeding in a product liability claim has the same steps, regardless of what type of defect you are alleging. You must show that:
- The product was defective
- The defect caused your injury
- Negligence led to the defect
- A breach of warranty occurred
West Virginia’s approach to defective products differs from that of many other states. Instead of a strict liability approach, you have to prove that there was negligence somewhere in the process. A Wheeling attorney who handles product liability claims could help establish proof of negligence.
Because West Virginia requires negligence in product liability cases, state rules about modified comparative fault apply. Even if you were partially at fault for your injury, you can still recover in a defective product claim. The threshold is 51 percent—as long as you were responsible for half or less of the blame for the injury, you can recover from the manufacturer for their share of the fault.
Examples of Defective Products
Any product can be defective, but some products are more likely to lead to injuries than others. Understanding these categories can help determine whether you have a defective product claim.
Food is one of the products that often surprises people since there is not necessarily any manufacturing involved in the food. However, most foods are processed in some way, even if it just means packaging. Plus, farmers and distributors are responsible for ensuring safe growing conditions. A food-borne illness caused by improper growth, preparation, or packaging is an example of a defective product.
Unsafe children’s toys or equipment are another common example. Sometimes, a toy will be perfectly safe for kids in a certain age, height, or weight range but dangerous for kids outside the range. The manufacturer needs to include clear warnings about these risks, or else they can be liable for unsafe products.
Faulty vehicle parts, defective medical devices, and dangerous household appliances are more examples of potentially defective products. They can have errors in design, manufacture, or failure to warn.
In the past, the Wheeling defective products team at Bordas & Bordas has successfully litigated cases involving vehicle defects and faulty consumer goods, recovering significant compensation for injured clients. We are prepared to handle cases involving complex products and stand up to corporations—and their insurers.
Meet With a Wheeling Defective Products Attorney Today
Defective product claims are not just about getting compensation for your injuries and suffering—they are about protecting other consumers. Companies will weigh the costs of redesigning a product against potential lawsuits they may face, which is why making them pay helps ensure consumer safety. A Wheeling defective products lawyer is not just an advocate for you but for all consumers.
If a defective product injures you, you have the right to seek compensation. Take the first step by scheduling a free consultation with one of our experienced legal professionals. We are committed to standing up for consumers and achieving results that make a difference in your life.
