We live in an ever-changing world, one which has gotten infinitely smaller through e-commerce. Now we can order anything with the click of a button and our credit card. While this is a welcomed benefit for those of us who do not have time to spend in shopping malls, this could also result in decreased quality or at least the purchase of a product which you have been unable to view firsthand. If you have been injured by a product which was defectively designed or did not contain appropriate warning signs on its labeling, you may be entitled to receive compensation for injuries suffered by you or your family and should contact a knowledgeable Richmond product liability lawyer as soon as possible.
Why Choose Christina Pendleton & Associates?
- We are trial lawyers with the ability to take any defendant to court – including large and powerful product manufacturing companies. We will do what it takes to secure positive results for our clients.
- We have years of experience handling product liability claims throughout Virginia. Our attorneys have the skill and on-the-job experience to handle your claim from start to finish.
- We work on Richmond product liability lawsuits on a contingency fee basis. That means you will pay us nothing – no financial risk to you – unless we win your case.
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When to Hire a Product Liability Lawyer in Richmond?
Although you can lawfully choose to represent yourself during a claim against a product manufacturer, this may not be the best way to handle your case. The manufacturing company likely has resources and legal teams to put to work on refuting liability for your injuries. Balance the scales by hiring a product liability lawyer to represent you. A lawyer will know how to combat an insurance company’s tactics to recover maximum compensation for your losses. It is especially important to hire a lawyer if a defective product gave you a severe injury or took the life of a loved one. Without a lawyer, you could be at risk of accepting a low-ball insurance settlement.
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Product liability claims occur when an accident happens due to an error in the manufacturing process or is caused by the misuse of a product that was not clearly marked as a dangerous use.
A manufacturer and retailer both have a duty to the end consumer to guarantee the product is safe for use. The duty of a manufacturer does not end with the safety of the pro duct, but also in the warning labels that are attached to the product. A product must carefully explain the appropriate uses for the product, and must explicitly warn of any potential injuries that could result from the misuse of the product.
Unfortunately, many instances of product liability injuries occur to children who have used their toys in manners other than their intended use. Most toy manufacturers include prominent warning labels which caution against certain uses. The failure to include these labels on the toy packaging could lead to liability for any resulting injury.
It seems that almost every day, a new product is recalled from the shelves. This abundance of recalls makes it difficult to remember or even to look out for defectively designed products. We want to ensure the safety of our children while playing with new toys. A product liability claim will help ensure that a future child is not injured in the same manner by the same defectively manufactured product.
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Types of Product Liability Claims
If a defective or dangerous product injured you, discuss what type of claim you may have with the lawyers at Christina Pendleton & Associates. With a review of your accident, we can tell you whether you have a strict product liability, negligence or breach of warranty claim. These are the three main types of product liability lawsuits available to consumers in Virginia. Whether your lawyer files a personal injury claim, mass tort or class action on your behalf, your lawyer will name one of these three grounds for bringing the claim.
- Strict liability. A strict liability claim is one in which the plaintiff does not have to prove that the manufacturer was negligent. Instead, the burden of proof is only to show that the product had a defect and caused the injury in question.
- A negligence-based lawsuit claims that the product manufacturer failed to fulfill its duty of care to the consumer, resulting in the victim’s injuries or damages.
- Breach of warranty. This type of product liability lawsuit states that a manufacturer broke a guarantee to consumers. A breach of warranty means the manufacturer did not fulfill a specific standard it promised.
The type of product liability claim you have will determine your burden of proof and how difficult it will be to obtain compensation for your injuries. Our attorneys can help you meet your burden of proof for any type of case using tailored legal strategies. With the right lawyer by your side, you can improve your chances of securing financial compensation from a manufacturer, distributor or retailer. We can help you navigate all types of product liability claims in Richmond.
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Personal Injury Claim
Personal injury claims in Virginia are unfortunately subject to contributory negligence, which means that if the victim was even just one percent at fault, they could lose their ability to bring a claim. In the case of product liability claims, this could get tricky. If an individual used the product in an unintended manner, but without the knowledge that the alternative use would result in injuries, the manufacturer could be held liable for the failure to warn against such use. An experienced Richmond personal injury attorney will be able to better explain your individual liability and the responsibility of the product manufacturer.
As the victim of a product liability claim, you are entitled to bring the following claims:
- Medical expenses
- Rehabilitation expenses
- Lost wages
- Future earnings
- Pain and suffering
These are compensable damages available in a Richmond product liability lawsuit. The value of your case will depend on the losses you suffered due to the defective or dangerous product. For more information regarding the damages available to you, speak with a seasoned product liability lawyer in Richmond, VA.
What Is the Statute of Limitations on Filing a Claim?
A statute of limitations is a law you need to know as the plaintiff of a product liability claim. It is the law that restricts how long you have to file a claim. If you do not obey the product liability statute of limitations, you could give up the ability to file. Different states have different statutes of limitations. In Virginia, the standard statute of limitations is two years from the date of the accrual of the cause of action. If you do not discover your injuries until later, you will have two years from the date of the diagnosis rather than the date of the accident. If your claim involves damages to personal property, you will have a five-year statute of limitations instead. Your attorney can help you understand the deadline for your specific case.
Contact a Skilled Richmond Product Liability Lawyer Today
If you or a loved one were injured by a dangerous product, do not hesitate to contact the attorneys at Christina Pendleton & Associates. Our lawyers have years of experience in handling personal injury claims stemming from dangerous products which have been placed into the stream of commerce. Our attorneys will work tirelessly to ensure that you receive the compensation you deserve after your injuries and help prevent future individuals from experiencing the same injuries you did. Contact us today and request your free consultation.
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