We use various types of products every day, sometimes for years on end. Unfortunately, whether it is a newly-bought item or one that you have used many times before, they can become defective and cause property damage or severe injury.
If a product has caused you or your family harm, you could hold the responsible party accountable by filing a lawsuit. A Hanover County defective products lawyer could help you identify the negligent parties, collect evidence proving liability, and file a personal injury lawsuit on your behalf.
Plaintiffs can bring a claim under the negligence theory and/or breach of warranty theory. Hanover County products liability actions take three basic forms: inherently dangerous products, defective products, and failure to warn.
A plaintiff can allege that a product is inherently dangerous, meaning that although the manufacturer made the product properly, the design itself posed a risk to users or property. The claimant’s attorney must demonstrate that the product was unreasonably dangerous for its intended use or other foreseeable alternative uses. Additionally, the plaintiff must prove that the hazardous condition was present when it left the manufacturer’s control so as to discount the possibility that subsequent product damage or modification caused the injury.
Defective manufacturing arguments contend that the manufacturer failed to exercise requisite care in producing the item, rendering it faulty. In this case, it may be that though most products by a certain manufacturer are safe, the one the plaintiff purchased was not because it contained a damaged or missing part.
A failure-to-warn case asks whether the manufacturer knows or should have known that the product tends to be dangerous when used as intended. For this case to be successful, the manufacturer has to have been under the assumption that the consumer was unaware of the danger, and did not advise the consumer of the threat. As with all product liability allegations, the plaintiff must prove that the defective product directly caused their injuries.
A defendant may argue that a plaintiff knew and assumed the risk of injury when they used the product. This is particularly relevant in a failure-to-warn case. A defendant could also rebut a plaintiff’s breach-of-warranty claim by arguing that they misused the product.
Another common defense is that the plaintiff was partly or wholly at fault for the injuries they sustained. Under Virginia’s contributory negligence doctrine, even the smallest lack of reasonable care on the part of a plaintiff could bar them from recovery. This argument can be a difficult defense for plaintiffs to overcome. A Hanover County consumer product malfunction attorney could carefully craft a legal strategy to defend against them.
As an injured victim, you have the opportunity to hold the wrongdoer accountable for their negligence. You can seek compensation in the form of medical expenses, lost wages, and for pain and suffering, among others.
A compassionate attorney can listen to your story, evaluate your case, and outline your options for recovery. Consulting legal counsel could help you pave the way for obtaining relief. Reach out to a Hanover County defective products lawyer today.