The law of product liability involves the issue of who might be liable for injuries or deaths that were caused by placing a dangerously defective product into the stream of commerce and into the hands of a consumer. According to the Charleston defective product lawyers at the law firm of Freeman & Chiartas, liability for a dangerously defective product can lie with all entities in the distribution of the product. They might be any entity like the manufacturer of the product, manufacturers of component parts, assemblers, wholesales and retailers.
There are no federal product liability laws. Every state has its own. As per West Virginia law, three main types of defects might give rise to product liability. They consist of the following:
- Design defects from the drawing board and blueprints. On this basis of liability, the product is dangerously defective before it is even built. All products in the line will be dangerously defective.
- Manufacturing defects when an issue might arise in stages like assembly or inspection. Manufacturing defects are only apparent in a few products in the line.
- Marketing defects like poor labeling, inadequate instructions or failure to warn.
If any of these three defects are proved, strict liability attaches. Strict liability is a misnomer though. Defenses like misuse or alteration of the product exist, and claimants need an effective product liability lawyer to overcome them.
Product liability cases are extremely complex. Our law firm’s attorneys have special training and experience in them. If you were seriously injured, or a member of your family died through the use of a dangerously defective product, you dramatically increase your chances of a successful case by retaining the Charleston defective product lawyers at Freeman & Chiartas. You can arrange for a no-cost consultation and case review with a product liability attorney from our law firm by contacting us.