A product liability claim is a lawsuit filed against the creator or manufacturer of a defective product. The plaintiff must establish that the product caused serious injury, either through its design or errors or omissions during the manufacturing process. Since product liability matters can affect many parts of the supply chain, The Law Offices of Daniel L. Crandall & Associates in Roanoke, VA, helps clients identify the liable parties and understand their rights.
Common Questions About Product Liability
Are There Different Types of Claims?
Yes; the law recognizes three distinct kinds of product liability suits:
- Manufacturing Defects: Goods that are flawed because of mistakes or negligence on the part of the manufacturer
- Design Defects: Goods that are faulty because of mistakes or poor judgment during the design process
- Failure to Warn or Provide Instructions: The manufacturer has not provided adequate warnings or instructions for safe usage of the product
Who Can I Name in a Product Liability Lawsuit?
Since many individuals and entities are involved in the supply chain, it can be difficult to determine who is responsible for a product liability issue. Attorneys recommend naming all parties who you know were a part of the distribution process. This includes the product's designers, manufacturers, wholesalers, distributors, and retailers. Since identifying all liable parties can be difficult and time-consuming, hiring a lawyer is advised.
Is There a Statute of Limitations on Claims?
Every state has individual guidelines for filing product liability lawsuits. In Virginia, a plaintiff has two years from the date they sustained the injury to file their lawsuit with the courts. However, if the product injures a child or an individual who is not considered mentally competent, then this window may be extended. An attorney can advise you on a reasonable extension if it applies to your case.
What Damages Can I Seek?
This depends on the nature and extent of your injury and how it has impacted your life. Most lawsuits ask for compensation to cover medical care, pain and suffering, and lost wages, but damages aren’t limited to these categories. Other potentially compensatory areas include property damage, a loss of enjoyment in life, and even punitive damages.
If you're considering a product liability case, place your trust in the personal injury attorneys at The Law Offices of Daniel L. Crandall & Associates. Since 1979, they have been representing clients throughout the Roanoke area to ensure they receive the compensation they deserve. Call (540) 342-2000 to arrange a free phone consultation, and visit them online to learn more about their services. Follow the firm on Facebook or Twitter for additional information.