Experienced Virginia Product Liability Lawyers in Richmond and Virginia Beach

If You’ve Been Injured Because of a Defective Product, Our Product Liability Attorneys Will Help You Move Forward

When we purchase a product, we assume the manufacturer, retailer, and everyone in between has done their due diligence to ensure the product is safe for us to use. Unfortunately, that’s not always the case. Thousands of innocent Americans are injured every year by dangerous and defective products. 

Product liability laws are designed to protect those injured by these faulty products and hold those responsible accountable. Anyone involved in selling a dangerous product—including manufacturers, retailers, suppliers of parts, designers, and wholesalers—can be implicated in a product liability case. They should be held responsible for their role in causing pain and suffering to their customers, and our Virginia product liability law firm ensures that’s the case. 

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When products are defective, poorly designed, or improperly assembled, they can cause consumers serious harm. If you were injured by a dangerous or defective product, our attorneys are prepared to help you seek compensation and justice.

If you experienced a personal injury or illness as the result of a defective product or if a loved one lost their life wrongfully to a dangerous product, it’s important that you seek the help of a team of lawyers who understand the laws around defective products in Virginia. 

The experienced lawyers at Breit Cantor will not only offer insight into complex product liability laws, but they’ll also offer you and your family compassionate support as you navigate the challenges that have resulted from your catastrophic injury or wrongful death.  

The big brands behind products and the insurance companies they employ have the resources to protect their interests, which often go against your own. Our product liability attorneys in Virginia Beach and Richmond have won tough cases involving dangerous or defective consumer products that result in injury to our clients. We have the skill, experience, and resources to face off against powerful retail brands, manufacturers, and distributors when their actions contribute to consumer injuries.

What Is Product Liability?

Product liability is the legal responsibility of those who create, produce, or sell a product to ensure it’s reasonably safe for consumers to use. When manufacturers, distributors, suppliers, and retailers cut corners to save costs, the integrity of the products is often compromised, leading to injuries or even death for their users. In such cases, product liability holds those companies responsible. 

Under Virginia law, there are three major causes of defective products:

  • Defective designs or flaws that are the result of faults in the engineering or design process
  • Products that are manufactured improperly or not according to design
  • Products that are improperly labeled, come with unclear or incomplete instructions, and/or do not warn consumers about hidden dangers

When one of these circumstances occurs, the Virginia product liability lawyers at Breit Cantor can step in to protect our clients. Our product liability division has handled cases of defective designs for SUVs, trucks, boats, and small planes, as well as cases involving pharmaceuticals, power tools and industrial machinery, food, asbestos, lead paint, defective medical devices and contraceptives, and many other products that have caused harm to the public, civilians, and the military. Our team has stood up to the big brands behind defective products and received millions of dollars for our clients. 

Common Product Defects 

In Virginia product liability law, there are three causes of defective products that can lead to a product liability case. If one of these causes led to an injury or wrongful death for you or a family member, you are entitled to compensation. 

Defective Design

Sometimes a product is dangerous before it’s even been made. When engineers or designers make plans for a product, it is their responsibility to consider any potential dangers of their design and to change those designs to be safer. In cases where defective design is to blame, you must be able to prove that the manufacturer created the product according to the design and that a safer design could have been created instead. 

Examples of Defective Design: 

  • Children’s toys with choking hazards
  • Pesticides with carcinogens when alternate ingredients were available
  • Vehicles with design defects 

Manufacturing Defects

Manufacturing defects are the most common causes of product liability. Rather than a flawed design, manufacturing defects occur when the manufacturer did not follow the design properly, leading to a dangerous product. Sometimes it is the result of human error. Other times it’s a malfunction in the manufacturing process. Manufacturing defects can affect a single product or an entire batch of items. 

Examples of Manufacturing Defects: 

  • Vehicles that were manufactured using the wrong bolts or screws, causing parts to fall off during use 
  • A pot or kettle that was cracked while being manufactured
  • An electrical product with wiring that was installed incorrectly

Failure to Warn 

Sometimes products are dangerous not because of faulty design or a flawed manufacturing process but by the nature of the product. In such cases, it is the responsibility of the manufacturer to convey information about those dangers to the customer. Without a label or instructions, the danger of the product may not be evident to users. If the manufacturer does not include instructions with the product, or if the instructions are not detailed, they can be held accountable for any injuries the product might cause.

Examples of Failure to Warn: 

  • A pharmaceutical company that does not tell doctors or patients about the addictive properties of its product
  • A hair dryer that does not feature a warning label about the dangers of using it near water
  • A children’s toy that does not feature a label describing the intended age range 

Who Is Responsible in Virginia Product Liability Cases

When it comes to determining liability in defective product cases, there could be a number of parties responsible depending on the defect. Anyone who was involved in the creation, production, and distribution of the product may be liable, including: 

Manufacturers 

The manufacturer is the company that created the product, which could be a multinational corporation, a single individual, or anything in between. Sometimes there are multiple manufacturers involved in the creation of a single product. In this case, the manufacturer responsible for the defect could be held accountable. 

Retailers

Retailers, or the company which sold you the product, may also be liable for your product liability claim. That’s because retailers are responsible for ensuring that the products they’re selling are safe for use by their customers. 

Wholesalers and Distributors

Wholesalers and distributors represent the middlemen between manufacturers and retailers. They are therefore an integral part of the supply chain and can be held responsible for distributing defective products. 

Other Involved Parties 

While manufacturers, retailers, and distributors are the three major contributors to the production and distribution of a product, there are often many other parties involved. Anyone who contributed to the marketing, design, or production of the defective product, including marketing and engineering firms, may also be held responsible for their role in delivering defective products to customers with dire consequences. 

Types of Damages Awarded to Victims of Defective Products 

If you or a loved one have experienced a catastrophic injury or wrongful death as a result of a defective product, you deserve to be compensated. Damages in your product liability case might include: 

  • Special damages, which include the costs incurred by your injury, such as medical bills, lost wages, replacement of the product, and any other financial losses. 
  • Actual damages, which are intended to restore your life to what it was before your injury or loss. 
  • General damages, which refer to the non-economic losses that resulted from your injury, such as mental anguish and pain and suffering.  

Product Liability Claims in Virginia 

Product liability claims are usually based on one of three theories: negligence, breach of warranty, and strict liability. Strict liability claims—which focus on the inherent dangers of the product itself, rather than the process by which it was made—are not valid in Virginia. Breach of warranty and negligence, however, are both grounds for a case in Virginia. 

Negligence 

With negligence actions, you must prove that the product or its components were either designed or manufactured incorrectly, which led to a personal injury or death. If they were designed incorrectly, all of the products are defective. If they were manufactured incorrectly, there may only be one or a few products that are dangerous. Whether it was the product’s design or manufacturing process that led to your injury, you must be able to prove that the defect was the direct result of someone’s negligence. 

Breach of Warranty

Breach of warranty actions arise when the product violates statements made by the manufacturer or seller. These can include a breach of an express warranty, meaning something explicitly promised about the product (for example, if a jack is described as being capable of lifting 2,000 pounds). 

There can also be an implied breach of warranty or a violation of all users’ expectations about a product’s safety. In a breach of warranty case, you can recover damages without actually showing that the manufacturer or seller was negligent. Anyone who regularly sells or rents a product and warrants that the product is safe is as responsible as the designer or manufacturer. This ultimately benefits consumers who seek to recover damages in court. 


Building a Product Liability Case in Virginia

If you or a loved one were injured by a defective product, your priority should be getting your life back on track. Holding the responsible parties accountable and seeking financial restitution will help you do so. Unfortunately, proving your case requires expert witnesses and the know-how of experienced product liability lawyers like those in our Virginia Beach and Richmond offices. Together, we’ll build your case, proving: 

  1. The product is defective. We must first prove that the product did not operate as intended because of a manufacturing or design defect. Evidence that will prove these defects might include recalls, expert testimony from engineers or designers, evidence that other similar accidents occurred, or even internal documents that indicate the company knew about the defect and chose not to address it. 
  2. You were injured by this product and suffered damages. If the product was defective but no one was injured, there’s not a case. But if you can prove that you were injured and experienced monetary damages as a result, you may have a product liability claim. In order to prove this, we’ll share evidence like medical bills, testimony by medical experts, estimates of future medical expenses, and indicators of wage loss, as well as your own testimony.  
  3. The product defect caused your injury. We must be able to prove that not only was the product defective and you were hurt, but that the latter was directly caused by the former. We will prove this using your own testimony, as well as that of witnesses and experts. 
  4. You were using the product as intended. In most cases, in order to avoid the financial repercussions of their mistake, the defendant will argue that you were not using the product correctly. We must therefore prove that you were using the product as intended, which we will do by using your testimony and that of witnesses. 

Product liability cases can be difficult to prove and expensive to bring to trial. Let Breit Cantor handle the details for you so you can focus on healing and your road to recovery.

Statute of Limitations in Virginia Product Liability Cases

In the State of Virginia, you have two years to file a product liability lawsuit. This timeline begins from the date of the injury. While there are exceptions—for example, those who were minors at the time of the accident or are mentally incapacitated may have more time—it’s always important to begin your suit as soon as possible. 

Building a strong product liability case requires an immense amount of time and effort. Your team of product liability attorneys will need to contact product experts and witnesses and gather evidence and medical bills, and the more time they have to do so, the stronger your case will be. 

Individual Claim or Class Action 

If the defect that caused your injury was unique, you should file an individual claim. However, if the design or manufacturing issue affected many or even all of a product line, you should consider a class-action lawsuit. In these cases, a group of people who sustained injuries or illness as a result of a defective product band together to represent all of those affected by the product. 

The type of case you decide to pursue could impact your compensation as well as the validity of your case, so speak with a defective products lawyer to decide which might be best for you. 


Types of Product Liability Cases We Handle

Our personal injury law firm in Richmond and Virginia Beach, has represented local clients in cases against large manufacturing firms and retailers and won. We handle a broad range of product liability cases, including: 

  • Defective Medical Devices: Medical devices are intended to save lives, but when they are defective, they can have the opposite effect. Defects in these devices can result from improper trials and testing, manufacturing mistakes, or the profits-focused pharmaceutical industry. 
  • Defective Machinery: Oftentimes, defective machinery leads to injury on the job. If you or a loved one were injured by a defective piece of machinery, such as a forklift, crane, circular saw, or excavator, while working, both your employer and the manufacturer may try to rebuke your claim. We can help. 
  • Tire Defects: According to the National Highway Traffic Safety Administration (NHTSA), around 200 fatalities occur every year due to defective tires. If a tire “blows” while it’s in motion or another defect occurs, a dangerous accident ensues. In these cases, we can help prove that the tire and its manufacturer were to blame. 

Choosing an Experienced Product Liability Lawyer in Richmond and Virginia Beach

We all assume the products we use every day, from our cars to cleaning supplies, baby toys to prescribed medicines, are safe for us to use. When they’re not, our lives can be impacted forever. At Breit Cantor, our product liability lawyers recognize not just the immeasurable impact of these accidents, but how important it is to get your life back on track. That’s why our team works tirelessly to seek justice—not just to hold the responsible parties accountable but to help you truly recover. 

In order to help you do so, our lawyers prioritize your compensation over their own, and you won’t pay Breit Cantor a penny until your case is won. If you have questions about how to move forward, just set up a free consultation so that our team can help. With years of experience and success in product liability cases, our attorneys in Virginia Beach and Richmond can help you move past your defective product accident and into the future. 

If you or a loved one has been injured by a defective product you bought in Virginia, the law is on your side. Contact Breit Cantor at (855) 212-8200 to speak with our product liability attorneys today.

Product Liability Frequently Asked Questions

Can I sue for a defective product?

If you or a loved one were injured or killed by a defective product, you may be able to sue the designer, manufacturer, retailer, or anyone else responsible for providing you with the product. However, if the product was defective and no one was injured, you will not be able to sue.

What is the statute of limitations for a defective product claim?

The statute of limitations differs from state to state. In Virginia, the statute of limitations for product liability claims is two years from the date the accident occurred.

Who can bring a product liability lawsuit?

Anyone injured by a defective product—whether you were using the product or were a bystander—can sue. If your loved one was injured or killed by a defective product, you may also have a case against the manufacturer, retailer, or other responsible party. 

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