When we purchase a product or use a piece of heavy machinery at work, we expect that item to work as advertised and not cause us injury or harm. Unfortunately, items aren’t always as safe as they’re advertised. In many cases, injuries and complications occur after using a product due to negligent or careless actions the manufacturer performed. If you’ve been seriously injured after using a product as it was intended, a West Virginia defective product lawyer can help.
The U.S. civil justice system helps hold product manufacturers, distributors, retailers, and engineers responsible for injuries that occur due to manufacturing defects, careless building procedures, or components or materials that are unsafe. Far too often, product manufacturers look for as many ways to save money as possible. When shortcuts cause a product to become unsafe, however, manufacturers need to rethink their priorities. The safety of the American people should always come first.
What Causes Products to Become Defective?
Manufacturers are required to adhere to certain state and federal regulations regarding the safety of their products. These standards can include everything from proper warning labels, safety features, the use of non-toxic materials, freedom from design or manufacturing flaws, and compliance with performance requirements.
When these standards and regulations are not met, individuals and their families who have been injured by defective and unsafe products can file what is called a defective product lawsuit or product liability lawsuit against the corporation or individual that designed, created, or sold the faulty item. Doing so can award the victim with financial compensation that can be used to aid the recovery process as well as ensure the guilty manufacturer uses safer materials or creates a new model that isn’t defective.
Products often become defective due to the following reasons:
- Design defects – If a product has a faulty design or uses unsafe or untested materials, an entire product line can become defective. Manufacturers often create unsafe designs when attempting to cut corners or put a product line together cheaper.
- Manufacturing defects – If a product has a safe design but is carelessly put together or fails to be properly tested, it may be sold with a manufacturing defect in place. Manufacturing or testing negligence is usually the top cause for these types of defects. Depending on the defect and its nature, this type of defect may involve a single item or an entire product line.
- Marketing defects – Products must be sold with adequate safety warnings and features in place. If a product is sold without proper warning labels, it may be possible to hold the distributor or marketer liable for injuries a victim sustains.
At the law office of DiPiero Simmons McGinley & Bastress, PLLC, our West Virginia product liability attorneys work with design engineers, toxicologists, materials experts, chemists, and others in exposing dangerous products and manufacturing flaws that injure our clients. We know how to find the evidence and data needed to prove your claim and win your case against corporations that will often do everything they can to argue against these types of claims.
If you or a loved one was injured by a product that was defective or unreasonably dangerous, you may be compensated by the company that manufactured the product, the distributor that sold the product, or both.
Common Types of Defective Products in West Virginia
Our law office has recovered millions of dollars in compensation for workers and consumers who have been injured by dangerous or defective products, such as:
- Coal mining equipment
- Heavy equipment such as trucks and soil moving equipment
- Chemicals, tools, or other items commonly used at workplaces
- Manufacturing equipment
- Household products and appliances
- Consumer products
- Defective fire alarms
- Unsafe sporting equipment or toys
- Auto defects on cars, trucks, and auto parts such as tires, seat belts, or air bags
- Railroad parts and equipment
Contact a West Virginia Defective Product Lawyer to Learn More
Filing a defective product claim may let you receive damages for recovery costs, lost wage costs, pain and suffering costs, and more. DiPiero Simmons McGinley & Bastress, PLLC has the experience and resources to investigate and prove complex product injury cases. Our record of accomplishment speaks for itself. Our West Virginia defective product injury lawyers have obtained some of the largest jury awards and settlements in the state.
We handle all product injury cases on a contingency fee basis. This means that you don’t have to pay us anything upfront for our legal services. If we’re successful, our fee will be a percentage of the jury award or settlement we obtain for you. If we’re not successful in obtaining compensation for you, you will owe us nothing. Contact our Charleston office to learn more.