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When you purchase a product, you expect it to be safe and function as intended. Unfortunately, defective products can cause serious injuries or even fatalities, leaving victims and their families struggling with medical bills, lost wages, and emotional trauma. At Regan Zambri Long, our experienced Virginia product liability lawyers are dedicated to protecting consumers’ rights and holding negligent manufacturers accountable. Virginia’s product liability laws require proving negligence or breach of warranty rather than relying on strict liability.
Our skilled attorneys have a proven track record of successfully handling cases involving manufacturing defects, design flaws, and inadequate warnings. Call today.
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The Regan Zambri Long Virginia product liability lawyers can help prove liability and establish the necessary elements for a successful product liability claim. Our lawyers will conduct thorough investigations, gather evidence, and build a strong case. Whether you’ve been harmed by a faulty vehicle, dangerous medication, or any other defective product, we provide the expert legal representation you need to secure the compensation you deserve.
Call today for your free consultation with an expert product liability lawyer. We will give you a reasonable assessment of your case and get the claims process started right away.
Product liability law refers to the legal responsibility of manufacturers, distributors, retailers, and other entities involved in the supply chain for any harm or injury caused by their products to consumers or users. This concept is grounded in the principle that products should meet specific safety standards and be free from defects or potential dangers when consumers use the products as they are intended or in a reasonable manner. When a product fails to meet these criteria and causes harm, the responsible parties can be held liable for the resulting damages. The injuries sustained by the victim are what make up product liability cases.
A defective product is an item that does not meet the safety standards or expectations set forth for its intended use, making it potentially hazardous to consumers. Defects in products can arise from various stages of production, including manufacturing flaws, design imperfections, or inadequate warnings and instructions. A defective product increases the risk of causing harm or injury to those who use it.
Product liability cases typically revolve around three main types of defects: manufacturing, design, and marketing.
Manufacturing defects occur during production and result in individual products being faulty or dangerous, even though the overall design is sound. For example, let’s say a car manufacturer is building a brand-new SUV. During the manufacturing process, they installed faulty brakes. The customer buys the car, drives the car out of the lot, and is involved in an accident because the brakes didn’t work. A manufacturing defect would have caused the customer’s injuries.
Design defects involve inherent flaws in the product’s blueprint, making the entire line of products hazardous. Let’s take the same SUV that had the manufacturing defect. This time, the manufacturers put together the SUV perfectly, without any mistakes or faulty products on the vehicle. However, the inherent design of the SUV makes it so that the car tends to roll over. The customer buys the car, drives it out of the lot, and is involved in an accident because it rolled over. A design defect in the SUV would have caused the accident.
Marketing defects pertain to inadequate warnings, instructions, or failure to provide necessary safety information, which can lead to improper use or handling of the product, causing harm. These defects are one of the most common and dangerous types of product liability. Drug manufacturers are often culprits in marketing defects. If they do not adequately instruct and warn consumers about side effects and interactions with other drugs, it can cause severe injuries and even death.
Virginia’s residents are protected from defective products through federal agencies such as the Federal Trade Commission, the Food and Drug Administration, and the Consumer Product Safety Commission. Today, product liability claims can be brought under two different legal theories: negligence and breach of warranty.
Negligence requires proving that the responsible party failed to exercise reasonable care in designing, manufacturing, or distributing the product, resulting in harm. To succeed in a product liability claim based on negligence, the plaintiff must demonstrate that the manufacturer, distributor, or seller of the product owed a duty of care, breached that duty, and that the breach directly caused the plaintiff’s injuries or damages.
BBreach of warranty claims involves the violation of expressed or implied promises regarding the product’s safety and performance. These claims can be pursued when a product fails to meet the express or implied warranties made by the manufacturer or seller regarding its safety or performance.
Unfortunately, Virginia is one of the five states that does not recognize strict liability in product liability cases. Strict liability holds the parties responsible for injuries caused by their defective products, regardless of fault. The plaintiff must show that the product was unreasonably dangerous and caused harm while being used as intended or reasonably foreseeable.
Because strict liability is not recognized in Virginia’s state laws, it is up to the plaintiff to prove negligence or breach of warranty, which can be extremely difficult. The Virginia product liability lawyers at Regan Zambri Long have won millions for our clients in product liability claims. We will work around the clock to prove your injuries resulted from negligence or breach of warranty in your product liability lawsuit.
The most common parties that can be held responsible for injuries caused by product defects are:
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Serious injuries resulting from a defective product can have devastating consequences for victims, affecting their physical, emotional, and financial well-being. Depending on the nature of the defect and the product involved, injuries can range from severe to life-threatening.
The most common injuries resulting from dangerous products are:
The cost of these injuries vary depending on the severity. However, a victim living with a traumatic brain injury may have to spend close to $2 million over the course of their lifetime. A paralyzed victim can spend almost $200 thousand per year on medical bills and lifestyle alterations. Very few people are financially prepared to take on such a sudden monetary burden, which is why it is essential to partner with seasoned product liability attorneys.
At Regan Zambri Long, we believe knowledge is power. While we will do the heavy lifting, we will also keep you informed of your case every step of the way. Your attorney will be available to you at all times. Here’s how we plan on winning your product liability case:
Virginia has a two-year statute of limitations for all personal injury cases. That means the victim of a product liability injury must properly file their claim within this window, or they will forfeit their rights to compensation. A Virginia personal injury attorney at Regan Zambri Long will make sure your claim is filed correctly and on time.
The injured party faces a claim against large corporations in many product liability cases. It can be highly intimidating. At Regan Zambri Long, our lawyers have gone after large corporations and their insurance companies on behalf of our clients – and we’ve won. Our attorneys will thoroughly investigate your claim to build a rock-solid case that will win a settlement or verdict in your favor. Your attorney will:
“Res ipsa loquitur” is a legal doctrine that translates to “the thing speaks for itself.” It is invoked in cases where the plaintiff lacks direct evidence of the defendant’s negligence but can demonstrate that the injury or harm would not have occurred without negligence and was under the defendant’s control.
In a product liability case, res ipsa loquitur can be beneficial because it allows the plaintiff to shift the burden of proof to the defendant. By showing that the injury resulted from using a defective product and that the circumstances suggest negligence by the manufacturer or seller, the plaintiff can strengthen their case and increase the likelihood of a successful outcome.
Finally, after your case is built, your attorney will negotiate on your behalf to secure maximum damages for your case. Damages in a products liability claim include:
Call the Regan Zambri Long law firm today for a free consultation so we can get started on your claim and you can get started on getting your life back on track.
