What Should You Do If You Are Injured by a Defective Product?
Every day, people trust that the products they use—whether household goods, prescription drugs, medical devices, or automobiles—are safe and function as intended. Unfortunately, defective products can cause severe injuries and, in some cases, permanent harm or even death.
As product liability lawyers in Virginia Beach, we are dedicated to holding negligent manufacturers, distributors, retailers, and others accountable for the injuries caused by defective products.
If you or a loved one has been harmed by a defective product, contact us today at 833-997-1774 for a FREE CASE EVALUATION to learn how we can help.
We work on a contingency fee basis, so you owe us nothing unless we recover compensation for you. As a full-service injury law firm, we also advance all litigation expenses on your behalf while a case is ongoing (these costs are typically paid back through a settlement or verdict).
Our Approach to Securing Full Compensation for Product Liability Cases
With offices in Virginia Beach, Norfolk, Chesapeake, Portsmouth, Kitty Hawk, Suffolk, and Hampton, our firm is dedicated to helping those injured by defective products and families who have lost loved ones in tragic accidents. We also represent clients in catastrophic product liability injury and wrongful death cases throughout these regions.
Our mission is simple: to ensure our clients receive the justice and compensation they deserve.
We are committed to pursuing full and fair compensation for our clients. This means dedicating the necessary time and resources to thoroughly build each case, leaving no detail overlooked.
We do not seek quick, undervalued settlements. When a full and fair settlement cannot be reached, we will not hesitate to take the case to trial and present it to a jury. Our reputation as dedicated trial lawyers ensures that opposing counsel knows we will not back down.
How We Build Strong Cases for Clients Injured by Defective Products
We approach every product liability case with meticulous attention to detail, ensuring that all aspects of liability and damages are thoroughly investigated. Our process includes:
- Comprehensive Case Investigation: We gather all available evidence, including product safety reports, manufacturing records, and expert testimony, to establish the defect and its role in causing harm. In product liability cases, preserving the defective item as evidence is often crucial. We take swift action to prevent manufacturers or others from destroying evidence.
- Identifying All Responsible Parties: Many defective product cases involve multiple liable parties, including manufacturers, distributors, and resellers. For instance, a product such as a power tool may have a design flaw caused by the manufacturer. If you bought the tool from a hardware store, that store and the manufacturer may both be liable for the injuries sustained. As experienced Virginia Beach product liability lawyers, we diligently identify and pursue claims against all parties who may share liability to provide the best chances of securing maximum compensation for those injured by dangerous products.
- Aggressive Product Liability Representation Through Every Stage: Product liability cases often involve extensive legal processes, including depositions, expert witness testimonies, and negotiations. With over 90% of cases resolving outside of court, our experience in negotiation and mediation ensures our clients have the strongest position possible. However, when a fair resolution cannot be achieved, we are ready to present a compelling case in court.
- Counteracting Manufacturer and Insurance Defense Tactics: Manufacturers and their insurers frequently attempt to avoid liability by blaming the victim or arguing that the product was misused. We are well-versed in countering these strategies and will fight to protect your rights at every stage of the case.
What Is Product Liability Under Virginia Law?
Product liability refers to the legal responsibility of companies to ensure the safety of their products. When a product has a design flaw, manufacturing defect, or insufficient warnings, it can cause serious injuries. In Virginia, product liability claims are typically based on one of three types of defects:
- Design Defects: The product’s very design is inherently dangerous or defective, making it unsafe even when used correctly.
- Manufacturing Defects: Errors during production or assembly may make a product dangerous, even if the design itself is safe.
- Failure to Warn (Marketing Defects): The product lacks adequate warnings or instructions, leading to improper use or avoidable harm.
Our Virginia Beach product liability lawyers are here to determine which type of defect caused your injury and hold the responsible parties accountable.
What Are Common Types of Defective Products?
Defective products can exist in nearly every category, potentially harming consumers in a variety of ways. Some of the most common types of defective products we see include:
- Household Appliances: Defective electronics, kitchen appliances, and tools that pose fire or electrical hazards. It is particularly important that appliances that have some inherent risk – such as those involving cutting blades – include unambiguous instructions for safe use.
- Household Goods: In many cases, household goods not ordinarily dangerous can become deadly in certain circumstances, particularly in the presence of young children. For example, there have been many instances of toddlers being seriously injured or killed when opening one of the upper drawers of a dresser, as they may hang on the drawer after it is opened. If the dresser is not secured to a wall, the dresser can easily become unstable and fall on the toddler.
- Automobile Components: Defective airbags, brakes, tires, or other vehicle parts that lead to accidents. In these situations, manufacturers, assemblers, and those working on the vehicle may be liable, such as the company that manufactured the airbag or the company that installed defective tires.
- Toys and Children’s Products: Toys and children’s products have a long history product defects. Small items including toys can present risks of choking or injury through toxic materials. Items such as baby strollers can inadvertently collapse with children in them, and defective baby seats can result in unnecessary injury to children in a vehicle accident.
- Industrial Equipment: Unsafe machinery or tools in workplace settings that fail to meet safety standards. It’s particularly important that not only must the machinery or tools themselves be safe, but also that any accompanying instructions for usage provide clear and detailed information about all aspects of product use. For example, the instructions for using a power sander should include information about using protective eyewear.
- Medical Devices: Products such as surgical implants, pacemakers, or prosthetics that malfunction or cause harm. In recent years, a number of defective medical devices have been recalled or found to be dangerous, including those involving artificial shoulder, hip, knee, and ankle implants, as well as transvaginal/surgical mesh. As defective medical device lawyers, we are available to represent clients in a wide variety of matters.
- Defective Drugs: Medications that cause dangerous side effects or lack adequate warnings about potential risks. We all know that using medicine can come with some risks. What is important is that medicines properly identify all of the side effects that can result from use, particularly side effects that can result from interactions with other drugs or side effects that can impact people with certain other medical conditions. Our firm is also available to represent clients in defective prescription drug cases.
If you were injured by any of these or another defective product, contact our product injury lawyers for help pursuing justice and compensation.
Can I Sue if I Was Injured by a Defective Product at Work?
Yes. If you were injured at work by a defective product, like any other work injury, you will be entitled to workers’ compensation benefits from your employer. In most cases, this will be your only remedy against your employer.
However, you will also be entitled to seek damages from the manufacturer, resellers, and possibly others as the result of an injury from a defective product through a personal injury claim in the same manner as if the injury did not occur at work. Being able to sue those responsible for a defective product is critical, as there are many types of compensation (such as compensation for pain and suffering) that are not available through workers’ compensation.
If you are injured at work by a piece of machinery, power tools, or other defective equipment, you should contact a product liability lawyer as soon as possible to learn about your compensation opportunities.
How Can a Product Liability Lawyer Help With Your Case?
Pursuing a product liability claim can be complex, but as a products liability law firm with decades of experience, we have the resources and knowledge to help. We take the following steps to build a strong case:
- Thorough Investigation: We analyze the defective product, review its design and manufacturing processes, and gather evidence to prove liability.
- Preservation of Evidence: We ensure the product and any accompanying materials, such as instructions or warnings, are preserved for evidence.
- Expert Testimony: We will work with engineers, safety specialists, and other experts to demonstrate how the defect caused your injury.
- Identifying Liable Parties: Liability can extend to manufacturers, distributors, retailers, and others in the supply chain.
- Negotiation and Litigation: We handle all negotiations with defense counsel and prepare to take your case to trial if necessary.
What Damages Can You Recover From a Defective Product Injury?
Victims of defective products in Virginia Beach may be entitled to recover compensation for:
- Medical Expenses: Including emergency care, surgeries, hospital stays, physical therapy, ongoing treatments, and costs associated with future treatments that are likely to be needed.
- Lost Income: Compensation for time missed from work and reduced earning capacity due to long-term or permanent injuries.
- Pain and Suffering: Damages for physical pain, emotional distress, and diminished quality of life.
- Property Damage: Reimbursement for damage or the destruction of your personal belongings resulting from the defective product.
- Punitive Damages: In cases of gross negligence, punitive damages may be awarded to punish the manufacturer and deter similar behavior.
Our Virginia Beach product injury attorneys will work to calculate the full extent of your damages in seeking to secure for you the full compensation that you deserve.
Are There Time Limits for Filing a Product Liability Claim in Virginia?
Yes, Virginia enforces a strict two-year statute of limitations for product liability claims. This means that in most cases, a lawsuit must be filed within two years of the date of injury (there are some exceptions to this time limit; contact us asap to learn the filing deadline that will apply to your case). Failure to file within the applicable time frame typically will result in losing the right to pursue compensation. Additionally, evidence may become more difficult to collect as time passes, making it critical to act promptly.
If you believe a defective product caused your injuries, don’t delay. Contact us as soon as possible to schedule a free consultation with an experienced product liability attorney so we can begin building your case.
How Do You Prove a Product Liability Case in Virginia?
To succeed in a product liability claim, you must demonstrate:
- The product was defective.
- The defect caused your injury.
- You were using the product as intended or in a reasonably foreseeable way.
Virginia applies a strict liability standard in product liability cases. This means that even if the manufacturer did not act negligently, they can still be held responsible if their product is proven defective.
Wrongful Death
In some tragic circumstances, a defective product can result in death. If a family member has been killed as a result of a defective product, we invite you to contact us to learn how we will work tirelessly in seeking the full compensation that you and your family deserve for the loss of your loved one.
Contact a Virginia Beach Product Liability Lawyer Today
If you or a loved one has been injured by a defective product, we can help. At Shapiro, Washburn & Sharp, our product liability attorneys are committed to helping clients in Virginia Beach hold negligent parties accountable and recover the compensation they deserve.
Call us today at 833-997-1774 or fill out our online contact form to schedule your free consultation with a product injury lawyer. Let us handle your case so you can focus on your recovery.