Frequently Asked
Defective Product Questions
Charleston Attorneys Serving all of West Virginia
What does the term "product liability" mean?
Product liability refers to a manufacturer or seller being held liable for placing a defective product into the hands of a consumer. In most cases, responsibility for defective products can rest with all the parties in the chain of distribution. Potentially liable parties include: the manufacturer of the product, the manufacturer of all the component parts, the wholesaler, and the retail store.
What does a product liability lawsuit involve?
Product liability lawsuits usually involve a claim that a product was unreasonably dangerous. This can refer to the product's design, the manufacturing of the product, or the lack of a proper warning or instruction regarding the product's use.
Under what methods can I bring a product liability claim?
If you have been injured by a defective or dangerous product, you can bring an action for product liability and recover damages by:
- Strict product liability
- Negligence
- Breach of warranty
What is strict product liability?
Under strict product liability, the manufacturer or seller of the product will be held liable for damages regardless of proof of negligence.
How does negligence pertain to a product liability lawsuit?
There are two approaches under a negligence theory - design defect and manufacturers defect. A design defect refers to the actual design of the product being unnecessarily dangerous. Under a manufacturers defect, the design may be adequate but a manufacturing error resulted in a dangerous product.
How does a manufacturer or seller breach their warranty?
There are two types of warranties; implied warranties and express warranties. Most products sold are said to hold implied warranties. Implied warranties usually cover general safety that a consumer would reasonably expect. Express warranties must be expressed by the seller or manufacturer, usually in writing or orally.
What if the product comes with a disclaimer by the manufacturer that says the manufacturer disclaimed all implied warranties?
Very specific laws govern implied warranty disclaimers. It is almost impossible for a manufacturer to disclaim all implied warranties because the disclaimer must contain conspicuous language. However, the manufacturer may have successfully disclaimed the implied warranty that applies to your case, in which case you cannot recover for a breach of such warranty. However, do not try to figure this out on your own. Experienced product liability attorneys will evaluate your claim free of charge and help you decide whether or not you should pursue your product liability claim.
What types of products can be the subject of a product liability lawsuit?
Product liability cases may involve any defective product. Most often, these lawsuits involve automobiles, children's toys, and prescription drugs.
How do I know if I have a good product liability case?
The only way to find out whether your product liability claim has any merit is to contact an experienced attorney. Our attorneys will meet with you and evaluate your claim for free.
How much does an attorney evaluation cost in these types of cases?
Our lawyers offer free consultations for product liability claims.
Let the West Virginia Defective Product Attorneys of Mani & Ellis, PLLC, assist you in your time of need. If you or a loved one has been injured in an accident due to a product, please contact us immediately or submit an online questionnaire . All inquiries are treated seriously and are confidential.
