You don’t expect to be injured by a defective product. Unfortunately, product manufacturers sometimes cut corners and put everyone at risk. If you were hurt due to a defective product in Charleston, WV, Mani Ellis & Layne Accident & Injury Lawyers can help. You may deserve compensation for medical bills, lost wages, and more.
Our nationally recognized attorneys bring over 71 years of combined experience in personal injury law to the table. Through our hard work and dedication to injury victims like you, we’ve recovered hundreds of millions in settlements and verdicts.
If you need legal advice, we’re always here to discuss your case. Contact our law offices in Charleston, West Virginia, or call us at (304) 720 1000 to schedule your free consultation today.
Why Call Mani Ellis & Layne Accident & Injury Lawyers to Handle My Product Liability Claim in Charleston, WV?
In most product liability cases, the defendant is a large corporation. They’ll have teams of insurance representatives and defense attorneys to downplay their liability. These people will sometimes go to shocking lengths to avoid paying a fair settlement.
If you were injured, it’s critical to have an experienced Charleston personal injury attorney to level the playing field.
Mani Ellis & Layne Accident & Injury Lawyers has been recognized with an AV Preeminent rating and a Super Lawyers designation.
When you hire our legal team, you can expect us to:
- Investigate the product and identify the defect
- Gather evidence, including evidence regarding FDA recalls
- Determine whether others have suffered similar injuries
- Identify any available class action lawsuits or multi-district litigation (MDL)
- Consult leading experts as we work to prove causation and establish liability
- Calculate the value of your damages, considering all of your losses
- Handle all insurance negotiations
- Reject any unfair settlements and take your case to trial if necessary
Product liability cases are almost always complicated. Taking on the manufacturer without an experienced Charleston personal injury lawyer is risky. To learn more about how we can help, call for a free consultation today.
What is Product Liability?
Product manufacturers are responsible for making sure the products they sell are reasonably safe. They also have a duty to warn you about hidden risks associated with products that can never be entirely safe.
When they don’t, and you’re injured because of the product, the company can be held financially responsible.
Product liability laws apply to all companies involved with selling the product. That includes manufacturers, designers, distributors, and even companies involved in packaging and marketing the product.
How Do I Win a Product Liability Lawsuit in Charleston?
Most product liability claims are based on strict liability. Instead of proving negligence, you’ll have to identify the product defect to prove your case. However, product liability cases can also involve negligence, breach of warranty, and other legal theories.
To win your case, you must prove:
- The product was defective
- You were using the product as intended or in a reasonably foreseeable way
- You were injured due to the product
- You suffered damages
Three key types of defects exist: design defects, manufacturing defects, and marketing defects.
Design Defects
Products with design defects are defective because of a design flaw. Even if the product is assembled exactly as planned, it will be dangerous.
When evaluating design defect cases, the following factors are relevant:
- The severity of the danger posed by the product as designed
- Whether a safe alternative design exists
- Whether the alternative design is practical from a cost perspective
- The value of the product as designed
- Whether the product can perform the same function if the safe alternative is adopted
Generally, if an economically feasible design that is less dangerous exists, the manufacturer can be liable for failure to adopt that design.
Manufacturing Defects
Defects can also occur due to mistakes during the manufacturing process. In these cases, the product would be safe if it had been manufactured correctly.
To win a manufacturing defect case, you must show:
- The product deviated from its intended design, and
- Because of that deviation, it suffered from a defect
- The defect made it unreasonably dangerous
Manufacturing defects can impact a single product or an entire batch of products.
Marketing Defects
Some products can never be made completely safe. When products have hidden dangers, manufacturers have a duty to warn consumers. That’s one reason why products come with instructions and warning labels.
Our Law Firm Handles All Types of Defective Product Cases in Charleston
Even the most seemingly innocent consumer product can be dangerous when it’s defective.
At Mani Ellis & Layne Accident & Injury Lawyers, we handle all types of product liability cases, including those involving defective:
- Over-the counter medications
- Prescription drugs
- Medical devices
- Pesticides, including Roundup weed killer
- Vehicle parts, including brakes, seat belts, or airbags
- Heavy machinery and equipment
- Power tools
- Beds, pillows, or mattresses
- Furniture
- Children’s toys and products
- Child seats
- Electronic devices
- Wiring
- Batteries and chargers
- Cosmetics, sunscreens, or hair products
- Staircases
- Sports and fitness equipment
- Household cleaning products, soaps, or detergents
- Household appliances, including stoves, ovens, and microwaves
If you were injured using a consumer product, contact us today. We have the resources to help you fight for the full compensation you deserve.
What is My Charleston Product Liability Case Worth?
When our Charleston product liability attorneys are assessing your case value, we’ll consider multiple factors, including:
- The nature of the harm you have suffered
- The defect involved and the company’s actions or omissions
- Your medical expenses and other financial losses
- The pain, suffering, and trauma you have experienced
- Whether you have lost income due to the injury and how much
- Whether you’ll ever make a full recovery
- Future impacts, including the impact on your work, quality of life, education, and career prospects
- Whether others have suffered similar injuries due to the same product
These and many other factors can be relevant when evaluating your case value. In all cases, it’s important to have an experienced attorney evaluate your losses before taking an insurance deal. The manufacturing company’s defense team knows how to minimize the value of your losses–and we can work hard to fight for a full settlement.
What Types of Damages Are Available in a Successful Product Liability Case?
Victims in a product liability case can pursue compensation for economic damages and non-economic damages.
Depending on the types of losses involved, you may deserve compensation for:
- Your current medical bills
- Future medical expenses if you will need ongoing care
- Rehabilitation
- Nursing care
- Lost wages and employment benefits
- Lost future earnings
- Property damage
- Pain and suffering
- Emotional distress
- Depression, anxiety, and other mental trauma
- PTSD
- Diminished quality of life
- Physical disfigurement and scarring
- Loss of companionship
Punitive damages, while rare, may be available if the defendant’s acts were intentional or especially shocking.
How Much Does it Cost to Hire a Product Liability Lawyer?
Like most personal injury law firms, we work on a contingency fee basis. Rather than upfront retainer fees, you pay a percentage of whatever settlement or verdict we win in your case.
Can I Recover Damages If I’m Being Blamed for My Own Injuries in West Virginia?
When big corporations sell defective products, they rarely want to take responsibility for the resulting harm. Rather than admitting responsibility, they’ll blame the victim. Typically, they’ll say you were using the product incorrectly.
These allegations aren’t always justified. Even assuming they are, under West Virginia law, you can recover partial compensation if your share of fault is less than the combined fault of all other parties.
Defective Products Can Cause All Types of Injuries
Defective products can cause virtually any type of injury. When the injury is severe enough, it can impact your life for years to come.
Some examples of the types of injuries victims suffer due to defective products include:
- Broken bones
- Burns
- Severe cuts and lacerations
- Facial injuries
- Soft tissue damage
- Traumatic brain injuries
- Spinal cord injuries
- Cancer and other life-threatening diseases
- Head and neck injuries
- Concussions
- Back injuries, including herniated discs and nerve damage
- Internal organ damage
- Amputations
- Paralysis
- Catastrophic injuries
Defective products can also cause life-threatening and fatal injuries. If you lost a loved one, our wrongful death lawyers in Charleston are prepared to fight for your family.
What is the Deadline for Filing a Product Liability Lawsuit in West Virginia?
The statute of limitations in West Virginia is two years. Assuming you knew about the injury right away, you have two years from the date you were injured to file a lawsuit.
Now, some products cause harm over a period of time. For example, victims in Roundup weed killer cases developed cancer after years of exposure. In these cases, you generally have two years from the date you knew or reasonably should have known about the harm you suffered.
Contact a Skilled Charleston Product Liability Lawyer for a Free Consultation
It can be tough to know whether you even have a valid product liability case. It’s always a smart idea to speak to an experienced lawyer. A Charleston product liability lawyer at Mani Ellis & Layne Accident & Injury Lawyers can listen to your story and evaluate your legal options. Give us a call today for your free case review.
