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Every company that makes consumer products of any kind has a legal responsibility to ensure those products are reasonably safe to use as instructed for its intended purpose(s). Any manufacturer who instead produces an unreasonably dangerous or defective product may hold civil liability for any injuries stemming directly from that product’s defect. This especially includes injuries with long-lasting and even life-altering repercussions.
Consumers should be aware that a manufacturing company can often be held liable for certain incidents. Yet it can be difficult to do without help from a capable personal injury attorney. By retaining a skilled West Virginia defective products lawyer, you can improve your chances of securing a favorable result from your claim and getting every dollar of the compensation you deserve.
While it is technically possible to file suit over a defective product in West Virginia based on traditional negligence, it is much more common to build this type of claim around the “strict liability” imposed by product liability law. Put simply, product manufacturers are automatically—or “strictly”—liable for injuries caused by certain types of defects which they should have noticed and corrected before the defective product left their direct control. An injured person does not need to prove that any specific negligent act directly led to the existence of a defect.
West Virginia Code § 55-7-31(a)(4) allows a product liability action built around strict liability to move forward based on any of the following product defects:
The same damages which a person could recover through a traditional negligence claim would also be recoverable through a strict liability claim built around any of these defects. A West Virginia defective products attorney can help demand fair financial restitution for medical bills, lost work income, personal property damage, physical and psychological suffering, and more.
As it does for other personal injury claims, WV Code § 55-2-12 sets a filing deadline of two years after an injury first occurs for the injured person to begin a product liability lawsuit. He or she would file against the manufacturer (or, less commonly, the seller) of the defective product. Failure to file within the time period set by this statute of limitations will almost always lead to a court throwing the case out for being time-barred.
Notably, some states have an additional “statute of repose” that restricts people from filing product liability claims if too much time has passed since they first purchased the product in question. West Virginia has no such restrictions. Support from a qualified lawyer will be vital to building a comprehensive defective product claim in West Virginia within applicable deadlines.
It can be a life-changing experience to get hurt unexpectedly by a product you were told was safely designed and manufactured. After an incident like this, you need to take advantage of your right to file a civil lawsuit for compensation. The harm you sustained could last for years and you should not have to pay the price.
A West Virginia defective products lawyer from Jan Dils, Attorneys at Law, will work with you through the duration of your case. Call today to discuss your options in a free consultation.
Jan Dils, Attorneys at Law