Defective and dangerous products can take many forms, from items you use in your workplace to purchases you make in your local department or hardware store. When you purchase a car, or you buy a piece of outdoor power equipment or even a toy for your child, you have the reasonable expectation that the item you buy will work as directed, and at minimum, not cause you to harm when you use it as intended. Unfortunately, for many consumers in West Virginia and elsewhere, that is not the case. People are hurt, and even lose their lives, due to badly designed, manufactured, or marketed products that reach the market.
When dangerous consumer products make it through the cracks in our consumer protection laws, you can hold those responsible for your injuries accountable. Defective products can range from recalled autos that pose a safety risk on the road to children’s toys that pose a choking hazard to children under age 3. Surgical mesh, drywall material, infant safety seats and walkers, and even medications have all been the subject of product liability claims in the past.
Talking to a Morgantown product liability attorney about your case is a good first step in righting the wrongs of the at-fault party. You can hold the manufacturer or even the seller of the product in some cases accountable for your medical bills, lost income, property damage, and other losses related to your injury.
When dangerous products cause consumers harm, the big insurance companies representing manufacturers are all too eager to stifle your claim and sweep it under the rug for the minimum amount possible. An aggressive attorney works diligently to prove liability and get the compensation that you deserve for your injuries. In doing so, your attorney will look at factors that help prove the manufacturer knew the product had a problem, such as any recalls of the product and whether any modifications were made to the latest versions of the item in question, which is a strong indicator that an issue had cropped up in earlier iterations. If there were previous claims filed against the manufacturer, then that sets a precedent for a faulty design. Liability may lie at various points within the manufacturing and distribution chain for a product, including:
There are three different types of defects that may result in harm to consumers, including defects in design, manufacturing, and marketing (such as improper instructions, insufficient labeling, or missing safety warnings).
In some instances, the manufacturer of the product or its distributor has no choice but to admit that there is an issue with a dangerous or faulty product. At this point, negotiating on your behalf is your attorney’s chance to get the compensation that is fair in your case without going to court. However, our product liability attorney is ready to litigate your case in court if a fair settlement cannot be reached.