Marion County Defective Products Lawyer
Not all products are safe for consumers, and never is that more apparent than when a defective product causes injury to a person using it as intended. Depending on the nature of the defect and the type of product involved, a defective product could result in significant physical harm, not to mention financial difficulties due to medical bills, lost work wages, and the potential need to buy a new product.
Fortunately, you could have options for civil recovery that a personal injury attorney could help you explore. With assistance from a Marion County defective products lawyer, you could seek appropriate compensation for every injury and loss sustained due to a manufacturer’s faulty product.
Types of Defective Products Cases
Civil injury cases arising from defective and dangerous consumer products are governed by product liability law. There are three commonly recognized defects a consumer product could have which accredit strict liability for damages to its manufacturer, and which a Marion County product liability attorney could subsequently help someone file suit over.
When a product’s core design makes it dangerous, a consumer injured as a result could file suit for damages based on a design defect. This type of error affects every incarnation of the product, so it often leads to mass recalls, which could then motivate multiple people harmed by the product to combine their cases into a class action suit.
In some cases, the manufacturer’s design is sound, but a particular batch of that product is assembled incorrectly or otherwise acquires a critical flaw during the manufacturing process. When this kind of error causes injury to someone who buys and uses that incarnation of the product, it could be considered a manufacturing defect.
Also known as a “failure to warn,” a marketing defect entails a product manufacturer failing to include appropriate instructions for how to use their product or sufficient warnings about the dangers inherent to its proper use. If a product is designed and manufactured safely, but a consumer is harmed because they used it in some way they were not told was incorrect, the manufacturer may still be liable.
Claims Based on Breach of Warranty
Certain defective product cases are based on a breach of warranty rather than a specific defect in the product. In this scenario, the manufacturer does not bear strict liability for a defect, but they could be held responsible for their product failing to fulfill a promise made to the consumer who bought it.
Warranties for products sold in West Virginia can be express or implied in nature. According to West Virginia Code §46-2-313, an express warranty can take the form of a verbal claim by a seller or manufacturer, a written description on the product’s packaging or within marketing materials, or a sample displayed with the false presumption that it matches the actual product bought by the consumer.
Implied warranties are based on the notion that all products on the market come with an implicit guarantee that they will function as a typical product of its kind would. For example, a lawnmower with a blade that does not spin fast enough to cut grass effectively could be considered in violation of an implied warranty. Particularly with implied warranties, it is often crucial to seek help from an experienced defective products lawyer when claiming a warranty was breached in Marion County.
Speak with a Marion County Defective Products Attorney
The relationship between buyers and sellers of products in West Virginia is based fundamentally on the notion that people should get what they pay for. If you bought a product that either did not work as advertised or actively caused you harm, you could pursue civil litigation against the product’s manufacturer or seller with the help of a knowledgeable attorney. For more information about your legal options, call today to speak with a Marion County defective products lawyer about your case.