Consumer products should be ensured safe before they are released to the public. However, there are defective or dangerous products that slip between quality checks. If you sustained grave injuries from a defective or dangerous product, it is essential to know your legal options.
In some cases, product defect accidents can lead to permanent damages. This is why hiring a product liability lawyer in West Virginia is the best thing you can do for your situation. Without a product liability attorney, a manufacturer can find an easy way to avoid liabilities.
Our West Virginia product liability attorney can help you obtain fair payment for your injuries. Moreover, we will handle all the necessary legal groundwork to get your product liability claims. At J. Miles Morgan, PLLC, you can rest assured that you are in the right hands.
Contact us today to schedule a free consultation with our experienced product liability lawyer.
- How Will an Experienced West Virginia Defective Product Attorney Help With My Case?
- Overview West Virginia Product Liability Laws of
- Types of Product Defects
- We Handle All Types of West Virginia Product Liability Cases
- Common Injuries Caused By Defective Products
- Damages Available to Product Defect Victims in West Virginia
- Liable Parties for Defective Products in West Virginia
- Proving Liability in My Product Liability Case in West Virginia
- Time Is Limited to File a Product Liability Lawsuit
- Contact J. Miles Morgan PLLC for a Free Consultation With an Experienced West Virginia Product Liability Attorney
How Will an Experienced West Virginia Defective Product Attorney Help With My Case?
Our defective product attorney in West Virginia will ensure that your case is presented in court with viable arguments. We can help you guarantee that you will receive fair compensation for your injuries.
A reputable West Virginia product liability attorney who handles these cases can help you file complaints. Moreover, they will also handle negotiations and draft relevant documents. This allows you to focus on recovering while our West Virginia defective product lawyer focuses on the legal aspects of your case.
Please contact our West Virginia personal injury law firm for a free consultation. Our product West Virginia defective product lawyer can go over the specifics of your case with you. At J. Miles Morgan, PLLC, we are here to assist you through this trying time.
Overview West Virginia Product Liability Laws of
West Virginia product liability law is based on the idea that manufacturers, distributors, and sellers must ensure that their products will not harm the consumer. This means that if a defective product injures you, you may sue the manufacturer. In addition, you can also hold the distributor or seller of the product accountable for the accident. A victim must prove these aspects in a product liability case in West Virginia:
- The product was defective;
- The defect caused the injury;
- The injury resulted in damages.
The most vital information to keep in mind is that you do not have to be the product user to file a product liability claim. If a defective product injures you, you can sue the manufacturer, distributor, or seller. You may be entitled to recover compensation for a malfunctioning product.
If you consider filing a product liability lawsuit, speaking with an experienced West Virginia defective product attorney is crucial. West Virginia product liability lawyers will help you understand your rights. Furthermore, they can guide you throughout the entire legal process.
Types of Product Defects
A product defect exists in three different forms. It’s essential to understand the different classifications of a product defect to build a strong case. We drafted a brief description of the three types of product defects below.
Manufacturing Defect
Manufacturing defects refer to problems that occur during the production process. These errors can be due to faulty machinery or human error. For example, a product may have sharp edges because the manufacturer did not properly secure the blade on the machine.
Design Defect
Design defects are inherent in the design of the product. This means that even if the product were manufactured flawlessly, it would still be dangerous. A good example would be a car with defective brakes. The brakes are designed to stop the car. But the car will keep moving and potentially cause an accident if they fail.
Failure to Warn/Inadequate Warnings
Product manufacturers must warn consumers about any possible dangers of using the product. If a product does not have adequate warning labels, it can lead to serious injuries. For example, if you’re using a power tool and not warned that the tool may become hot, you could suffer severe burns.
We Handle All Types of West Virginia Product Liability Cases
If you have sustained serious injuries from a defective product, call the emergency services immediately. Once you are in a safe condition, you must contact our West Virginia product liability lawyer. Our West Virginia defective product lawyers have the experience and resources to help you get the money you deserve.
Our legal team can also represent families that lost a loved one due to a faulty product. In addition, we will handle all the necessary paperwork on your behalf. We will do this so you can focus on your recovery.
We believe in holding the negligent manufacturer or other parties responsible for their actions in these cases. Our entire legal team will work together to help you receive the compensation you deserve.
When consumers buy a product in West Virginia, they expect it to be safe. A manufacturer must ensure that their products will not harm anyone using them as intended. Suppose you suffer from grave injuries caused by a defective product. In that case, our West Virginia product liability lawyers are here for you.
Common Injuries Caused By Defective Products
In West Virginia, various injuries have been linked to defective products. The most common injuries stem from car accidents where the car was defective somehow. For instance, a plaintiff could be driving a newer vehicle equipped with a stability control system that malfunctions, resulting in an accident.
Another example is when plaintiffs suffer lacerations due to factory equipment’s malfunctioning parts during the production process.
Manufacturers of dangerous products may also sell those same products online. For example, they may sell faulty power tools and household appliances online. A victim can take legal action against these manufacturers.
They must not sell items with insufficient warning labels or instructions. In addition, they must educate their customers about the proper use and precautions of their product. Other common types of injuries caused by defective products include:
- Burns
- Asthma attacks
- Seizures
- Cranial injuries
- Neck and back injuries
- Eye injuries
- Death
When a defective product in West Virginia injures you, it is crucial to have an experienced product liability lawyer on your side. The product liability lawyers at J. Miles Morgan PLLC have years of experience helping people get the justice they deserve.
Damages Available to Product Defect Victims in West Virginia
The main purpose of a product liability claim is to make you whole again after your injuries. The amount in each claim varies from person to person and case to case. In West Virginia, a successful plaintiff can seek compensation for their injury. A plaintiff can ask the court to award them compensation for:
- Loss of Quality of Life;
- Lost Wages;
- Medical Expenses;
- Pain and Suffering;
- Punitive Damages;
- Mental Anguish.
It is important to note that each case is unique and will have different results. Speak with our experienced West Virginia product liability lawyer to know more!
Liable Parties for Defective Products in West Virginia
In West Virginia, product liability litigation is based on a three-party system. A victim does not need to prove the defendant’s negligence to receive a claim in some cases. This is called a strict liability claim. The defendant can seek a strict liability claim against the following parties:
- The Manufacturer of the Product;
- The Retailer of the Product; and
- The Supplier of the Product.
It is crucial to identify which party was responsible for your injuries when you file a claim. This will help your product liability lawyer build a successful case on your behalf. Keep in mind that it’s important to disclose everything with your lawyer when you seek legal assistance. They can help you identify the appropriate party who should take responsibility for your injuries.
Proving Liability in My Product Liability Case in West Virginia
In West Virginia, the law imposes a duty on manufacturers to sell safe products. This is called the “Product Liability Statute.” To prove that the product was dangerous and caused your injuries, your West Virginia product liability lawyer will need to do the following:
- Identify the Product;
- Investigate How and When the Product Was Made;
- Determine Who Sold or Supplied the Product; and
- Locate Witnesses Who Can Testify About the Product’s Defect.
Under West Virginia Law, certain cases do not need to be proven by the victim. In this case, it is essential to seek the advice of an experienced product liability lawyer. They can evaluate your case and determine if you can qualify for the strict liability law.
Time Is Limited to File a Product Liability Lawsuit
A victim can file a lawsuit against the manufacturer, retailer, or supplier of a dangerous or defective product. However, under West Virginia Law, they are only limited to two years. This means that two years after a product defect injury, a victim can no longer hold the responsible party accountable.
This is why hiring personal injury lawyers should be a victim’s top priority. If you need an expert product liability lawyer to handle your case, contact J. Miles Morgan PLLC now! We will act fast to ensure that your case will not miss the critical deadline.
Contact J. Miles Morgan PLLC for a Free Consultation With an Experienced West Virginia Product Liability Attorney
Our West Virginia personal injury lawyer at J. Miles Morgan PLLC has years of extensive experience. We can provide you with astute and actionable legal advice for your case. Our West Virginia personal injury law firm values the attorney-client relationship. We promise our clients that we only deliver the best service for their legal needs.
Contact us now at (304)-543-6357 for a free consultation. Our online form is also up on our website to submit your case details online.
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