Defective Product Claims: Who to Sue?

With the holiday season fully underway, it’s only natural that you might have a situation involving defective toys. While most defective toys end up being harmless, that is unfortunately not always the case. If you or someone you know comes into contact with a toy that leads to serious injury, then you might want to contact a West Virginia personal injury lawyer and decide on your options. To help prepare you for those discussions, here’s an overview of what to do in the event of purchasing a defective product.

Although each state has their own laws regarding defective products, they are relatively similar enough. Your attorney will inform you of any differences that are specific to your region. Aside from that, your primary concern will be in determining what aspect of the defective product your claim will rest on. There are three main types of defective product claims, and each one places the fault on a different target. The three main types of defective product claims are defectively manufactured products, defectively designed products, and products with insufficient instructions.

If the issue with your product came about due to the way in which it was made, then you are likely dealing with a defectively manufactured product. In this case, the target of your claim would be the factory where it was constructed. It’s also worth mentioning that a personal injury case must prove that the improper manufacturing caused the incident, not improper handling of the product.

For a defectively designed product claim, the issue lies with the entire line of products, and not just an individual one that was poorly built. As a result, your claim would be against the designer of the product rather than the manufacturer of your specific product.

The last type of defective product claim is also the one people tend to overlook the most. If an accident occurs because of improper instructions, such as neglecting to mention side effects in combining different medications, then the fault would lie with the product’s designer. The key with this type of claim is to prove that the error occurred as a result of something that would not be immediately obvious to the average user.

If you think you might have a defective product claim, then your first step should be to seek out a West Virginia personal injury lawyer. They can help you work through the specifics of your case and ensure that your holidays are as relaxing as they deserve to be.

To arrange a meeting to discuss your rights and options, contact our office online or call us at 800-766-9441.