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Coping with a serious injury from a defective or dangerous product can be physically painful, financially stressful, and emotionally overwhelming. Navigating product liability laws can be complex and often require a lawyer’s expertise to understand the different nuances of negligence claims. This is where the Virginia product liability attorneys at Regan Zambri Long come in.
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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.
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 certain safety standards and be free from defects or potential dangers when consumers used 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 makes up products 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. When a product is defective, it poses an increased risk of causing harm or injury to those who use it.
Product liability cases typically revolve around three main types of defects: manufacturing defects, design defects, and marketing defects.
Manufacturing defects occur during the production process 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. The customer’s injuries would have been because of a manufacturing defect.
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 product on the vehicle. However, the inherent design of the SUV makes it 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 the car rolled over. The accident would be because of the design defect of the SUV.
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 products 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.
Breach of warranty claims involve 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 the 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 in a reasonably foreseeable manner.
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 of dollars for our clients in product liability claims. We will work around the clock to prove your injuries were the result of 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 paralysis victim can spend almost $200 thousand per year in 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 a two year window or they will forfeit their rights to compensation. An experienced product liability attorney at Regan Zambri Long will make sure your claim is filed correctly and on time.
In many products liability cases, the injured party is facing a claim against large corporations. It can be extremely 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 conduct a thorough investigation of 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 the use of a defective product and that the circumstances suggest negligence on the part of 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.
