Product defect and product liability laws hold manufacturers to certain standards of care for their products. These businesses must take care to ensure that their products are reasonably safe for use.
If you or a loved one has been injured by a defective or dangerous product, contact our personal injury attorney. We’ll fight hard to ensure that you get the justice you deserve.
Elements of a Product Liability Claim
A product liability claim is based upon proving a defect in the product. Typically you prove that defect through an expert witness. That is, the expert has to be prepared to say that the product itself is defective because it falls beneath some industry standard and that defect is what caused the injury.
There may be some notice requirements in terms of pursuing claims like this. That is, you may have to give prompt notice to the manufacturer of the fact that you have been injured.
Product liability claims tend to be hard fought by manufacturers because they can involve extensive recalls of the product.
Brien Roche is an experienced Tysons product liability lawyer. He serves all of Northern Virginia, including Fairfax, McLean, Vienna, Burke, Annandale, Falls Church, Reston, Centreville, Manassas, Alexandria, Herndon, Arlington, and Loudoun County.
Frequently Asked Questions
Is a product considered “defective” if it harmed me?
Not always—for a product to be considered “defective,” there must also be an actual defect in the product. That defect typically is defined by an expert witness.
What is the Virginia statute of limitations for filing a product liability or product defect case?
In general in the State of Virginia, you have two years to file a suit from the date on which you were injured. There may be some exceptions to that.
I bought a used product, and it injured me due to being defective – can I file a claim?
Yes, you can still file a claim if you were injured by a used product that was defective. The problem with used products is that they may have been altered in some way. If there has been some alteration in the product by someone other than the manufacturer, that could be a problem in terms of proving a defect.
Who can I sue if a defective product injured me?
Typically the suit would be against the manufacturer but also there may be a basis for a claim against the retailer or distributor..
