You have questions, we’ve got answers.
Get free information about your car accident, medical malpractice case, dog bite, personal injury and so much more now. The Miley Legal Group is here to provide you with the resources you need to better understand your situation and how we can help. Click on the drop down menu and select the topic to see what questions we may have answers for. If you have any additional question, please contact us by phone or fill out the contact form found on this page.
- Page 1
Is suing the retailer where I purchased the defective product allowed in Clarksburg?
When you’ve been injured by a defective product in Clarksburg, there are generally three potential parties that may be liable in a defective product claim.
- The manufacturer
- The distributor
- The retailer
In some cases, all involved parties along the distribution chain will be named as defendants if you decide to file a suit.
Determining Negligence in Defective Product Case
Defective product claims, or product liability suits, can be based upon the concept of negligence. The entities that acted negligently or carelessly in regard to the defective product may be liable for any damages the product causes. However, a manufacturer is generally strictly liable for a defective product, even if it was not negligent.
Each case has unique elements and circumstances, so product liability cases generally have to be analyzed by an attorney to identify which party(ies) are at fault and should be named defendants.
In most cases, suing a retailer may only be an option if the company had knowledge that the product was defective and continued to sell it. For instance, let’s say a manufacturer stopped making a certain cleaning product because its fumes caused potential harm to consumers. A retailer knew about the manufacturer’s decision to cease making the product, and yet the retailer continued to sell the dangerous product on its shelves.
If a consumer was injured as a result of using the cleaning product, he/she may be able to sue the retailer, and perhaps the manufacturer, as well.
Get Legal Help for a Defective Product Claim in Clarksburg
It’s important to seek an attorney’s help in serious product liability cases because first, you want to ensure you sue the right party, and second, manufacturers and retailers have sizable legal teams working on their behalves, so you’ll need a lawyer of your own to go head-to-head and fight for your best interests.
For a free consult with a product liability attorney in Clarksburg, contact The Miley Legal Group today at 304-931-4088.
If the product that injured me has a class action lawsuit pending, should I join the class or seek individual damages?
An individual who has suffered losses after an injury caused by using a defective product may be better off seeking individual damages than joining a pending class action lawsuit in the following circumstances:
- The injured person has suffered significant and extensive losses. A plaintiff may recover compensation when joining a class action lawsuit, but it may not cover the full extent of damages if they are significant and extensive. If the individual has suffered great damages, he or she may be better off filing a separate lawsuit.
- The injured person has suffered losses different than those suffered by the members of the class. Some individuals may suffer different losses than the members of the class. In such a case, there are chances that the Lead Plaintiff in the class action lawsuit may not satisfactorily represent the interests of the injured person in question. In such cases, the injured person may file for damages independently.
- The injured person does not want to receive a coupon for a replacement product. In cases where the injuries of the members of the class are not severe, companies are known to provide coupons which the plaintiffs can use to exchange their defective products. But if an injured person does not want a replacement product from the same company, then he or she should file an independent lawsuit.
- The injured person wants to exercise more control over the case. A class action lawsuit does not allow an injured person to exercise control over the case like he or should would if filing an independent lawsuit.
- The injured person’s case is more convincing than that of the class. The injured person should file claims for damages separately if he or she can build a case that is more convincing than that of the class.
If you are unsure whether joining a class action lawsuit or filing your own injury claim is the best choice for your particular circumstances, talk to an attorney. Call The Miley Legal Group today for assistance.
Should I keep the package and instructions of a defective product?
If you or a loved one suffered a defective product injury, you should keep the package, instructions and the product itself. Holding onto these items can help if you plan to pursue legal action against the manufacturer in defective product claims.
Evidence in Defective Product Claims
After you seek medical attention for your injuries from a defective product, a West Virginia defective product lawyer in Clarksburg can go over your options for legal action. In order to strengthen your case and probability of a positive outcome, the lawyer will need evidence and information to show that the product was defective and therefore caused your injury. This can be done a multitude of ways, including inspecting the item’s packaging and instructions.
A mislabeled product, incorrect product packaging, or inaccurate or incomplete instructions can lead to misuse of the product through no fault of the consumer. In some cases, inadequate safety warnings may be included. This could lead to serious defective product injuries including broken bones, burns, cuts, brain damage, nerve damage and even death.
In addition to the packaging and instructions, it’s also a good idea to keep documentation from the hospital or doctor that treated your injuries, the receipt from when you purchased the item, and the item itself if possible. This information can help you in a defective product claim. You don’t want to miss out on possible compensation because you did not have the right information.
Legal Help from a West Virginia Defective Product Lawyer in Clarksburg
If you were seriously injured by a defective or faulty product, contact a West Virginia defective product lawyer at the Miley Legal Group in Clarksburg. We can assist with defective product claims and determine the cause of defective product injuries. Call (304) 931-4088.
Why should I save a defective product's packaging?
The defective product packaging could be very useful to Clarksburg personal injury attorneys when establishing which party is liable and what the cause of the defect was, depending on the circumstances. Almost any kind of physical evidence may potentially be helpful in a defective product claim.
Importance of Preserving Defective Product Packaging for a Claim
One of the most important elements when pursuing a defective product claim with Clarksburg personal injury attorneys is establishing the problem with the product that caused injuries. For instance, if an incorrect label was placed on the product, the packaging could help prove that lack of warning or mislabeling contributed to the accident and injuries.
Let’s say a product was designed for children over the age of three because of choking hazards. If that label wasn’t included and a two-year-old child was injured after swallowing an object, the packaging might show the cause of harm.
Another example is a product that should contain instructions on how to properly use the product. For instance, if a hunter were to purchase a deer stand and the instructions weren’t included or were incorrect, this could be used as evidence.
So if the deer stand was incorrectly installed because there wasn’t proper instructions and someone fell from it and was injured, those injuries may be attributed to this lack of proper instructions. The packaging would be a critical piece of evidence.
Failure to warn is another potential problem. A medication that has the risk of producing severe side effects should include a warning label. If it’s not included and someone is injured, the packaging would be helpful in establishing this.
In addition to the packaging, the product itself and any accompanying instructions or warranties might also be helpful. The more evidence that can be preserved, the better the chance of establishing what caused the injuries when pursuing a defective product claim with legal assistance from Clarksburg personal injury attorneys.
The other important element will be showing who is liable. So if it was a labeling problem, the party responsible for labeling could be named in a claim. In some cases, several parties involved in the chain of distribution could be at fault for improper practices regarding the defective product's packaging or labeling.
Should I throw out defective or dangerous products, if they cause injury in Star City, West Virginia?
No, you should not throw away defective or dangerous products that have caused you or someone you know harm. It will ultimately be more difficult to prove in court that the product actually caused damage to you if you no longer own it and cannot show it to a judge or jury. It is important to show the defective or dangerous products that injured you to yourStarCity injury attorney too. This way, your lawyer can be armed with much more information about the case, including in what way the product was harmful.
In order to effectively argue that you in fact were injured as a result of a defective or dangerous product, you must prove that:
- the injury did in fact occur;
- that the product caused your injury and that it in fact was defective; and
- that the defect actually was the cause and not user error.
In order for you to prove all or any of this, it is important to hold onto the defective or dangerous product. It can help you and your injury attorney win your case against the product’s manufacturer, designer, or any other party that had involvement with the defect. Otherwise, there is no proof that you ever had the product in the first place or that it was defective.
Injured by a Defective Product? Call a Star City Injury Attorney for Claim Help
The Miley Legal Grouphas personal injury attorneys dedicated to helping you have a successful outcome of your case when you’ve been injured by the negligence of another entity. Call on us at 304-326-1800 to help you get the compensation you deserve.
What is the statute of limitations for filing a product liability claim?
The statute of limitations on filing a product liability claim in the state of West Virginia is two years. Effectively, that means you have two years from the date you were injured by the defective product in which to file your claim in court.
West Virginia also recognizes the rule of discovery, which may allow for more time to file in specific cases. Because some injuries and conditions take time to present themselves or develop, the rule of discovery states that you have a certain amount of time from the date an injury is discovered (or the date by which it reasonably should have been discovered) to file your product liability claim. The rule of discovery does not apply in all cases.
Though the rule of discovery may provide an extension past the two-year statute of limitations, the time provided for a claim filed post-discovery is often short. That’s why Grafton injury lawyers at the Miley Legal Group recommend you begin filing your claim as soon as possible after you’ve been injured. This not only ensures you’re well within the time limit to file, but also gives you and your team enough time to build and win your case.
Are you considering filing a product liability claim? Contact a Grafton injury lawyer immediately to ensure your case sees the utmost success. Call 1-304-326-1800 or 1-877-652-1031 to speak with an attorney at the Miley Legal Group about your legal options today.
Want to learn more about accident claims? Order our free book, The 7 Biggest Mistakes that Can Wreck your West Virginia Car Accident Claim.
What steps should I take to file a product liability claim?
The first step you should take to file a product liability claim is to show proof of injury. If a product caused you harm, then you meet the first requirement. Next, you will need to prove that the product that caused harm is defective. Just because a product broke while you were using it and caused injuries does not necessarily mean it was defective.
However, if the product had a defect, such as a small crack or a wiring malfunction that caused it to break and injure you, then you could have a strong product liability case. Contact an Elkins injury attorney to determine your legal rights to compensation.
Once it has been established that the defective product caused you harm, then you must be able to prove duty. Duty means that the manufacturer has the responsibility to sell you safe products. Duty is easy to prove and actually is assumed in most product liability cases.
Once you have all the key elements, you should contact an Elkins injury attorney to help build your case. An experienced attorney can determine the strength of your case and the types of damages you can claim, depending on your situation.
If you were injured by a defective product, you may be able to file a product liability claim. Contact an Elkins injury attorney from the Miley Legal Group. Their legal staff has more than 15 years of experience and is dedicated to personal injury victims. Order your free book, 7 Fatal Mistakes that will Wreck your West Virginia Accident Case. Contact them today at 1-304-931-4088.
What are the common defenses in a West Virginia defective product case?
There are a number of common defenses that can be made in a West Virginia defective product claim. Securing legal help from an experienced Bridgeport, West Virginia product liability lawyer is the best way to protect your legal rights in what can be a very complicated area of law.
When pursuing a claim for a West Virginia defective product, you must be able to prove strict liability. In other words, a person or company is found to be at fault for injuries resulting from the use of their product whether or not they were negligent or intentional.
There are defenses that the other side can use in trying to argue against your case. One defense is that you misused the product in a way that could not have been foreseen or anticipated. This can be tricky because some products can be used in ways not intended, yet it doesn't detract from the manufacturer's responsibility; however, if the product is used in a manner not expected, then this could be a valid defense.
Another defense that could be used is if the consumer modified the product in some way and was then injured by it. As mentioned previously, it must have been modified in a way that couldn't have been foreseen or anticipated.
Other defenses could be that at the time of manufacturing, the design of the product was fine, or it could be shown that there was compliance with government or industry standards.
Each West Virginia defective product case will be unique, but each will require strong legal help. Your next step should be to speak with a Bridgeport, West Virginia product liability lawyer to learn what legal options you have available.
Contact a Bridgeport, West Virginia Product Liability Lawyer
The Miley Legal Group will work with you to fight for the compensation you deserve and help you to move on with your life. Contact us today to schedule a no-cost consultation - 1-304-326-1800
Can a person sue a gun manufacturer if the gun misfires or if the safety is malfunctioning and there is a hunting accident in West Virginia?
Yes, you may be able to sue a gun manufacturer if the gun you were using misfired or the safety malfunctioned and it resulted in a hunting accident in West Virginia. A Bridgeport defective product attorney can evaluate your case to determine what legal course of action you may be entitled to take.
If a consumer is using a product and a defect or flaw in the design or manufacturing of it causes injury, then this could lead to the filing of a defective product claim. With guns, it will depend on the specific defect and the actions that took place leading up to the hunting accident in West Virginia.
If the manufacturing of the gun was flawed, then this could lead to a lawsuit against the manufacturer. However there may be other parties that are also liable. For instance, if the design of the gun is what led to injuries, then the designer would be liable. In some cases there may even be more than one party responsible.
When it comes to a manufacturer being held liable for injuries caused by a gun, you would need to demonstrate that the gun failed to operate in a manner that was intended or expected. The mere fact that a gun in itself is dangerous can further complicate the case. This is why seeking help from a Bridgeport defective product attorney is in your best interests.
Your next step should be to seek counsel from an attorney who has experience with defective product claims. These types of claims can be time-consuming and complex, which is why you shouldn't attempt to pursue one on your own.
Contact a Bridgeport Defective Product Attorney
The Miley Legal Group will work with you to fight for the compensation you deserve and help you to move on with your life. Contact us today to schedule a no-cost consultation - 304-326-1800
If I'm injured while using a product that was made in a foreign country, can I still bring a West Virginia defective product claim against the negligent party?
If you were injured using a product that was made in a foreign country, you may be able to still bring a West Virginia defective product claim against the negligent party. Your next step should be to seek legal counsel from a Clarksburg product liability lawyer.
Because more and more products are manufactured outside the United States, there is a good chance that a defective product that caused your injuries will be from another country.
However, you still may have a case of liability against a domestic company. Sometimes local companies will have just parts of their product made in foreign companies, so liability may lie with more than one company.
You will definitely want a Clarksburg product liability lawyer's help in tracking down the negligent party or parties. This can get tricky, but with an attorney helping, your chances are improved.
Once a product leaves another country and is sold in the United States, it is then subject to our laws. Yet companies will do whatever they can to avoid these restrictions. This is why you need a knowledgeable Clarksburg product liability lawyer to help navigate your West Virginia defective product claim.
Product liability can be a complicated area of law. There are a lot of hurdles to overcome, especially when dealing with a foreign manufacturing company, but it is possible.
Don't let what may seem to be a daunting task prevent you from receiving what you may be entitled to through a West Virginia defective product claim. Contact a Clarksburg product liability lawyer as soon as possible to discuss your case.
Contact a Clarksburg Product Liability Lawyer
The Miley Legal Group will work with you to fight for the compensation you deserve and help you to move on with your life. Contact us today to schedule a no-cost consultation - 1-304-326-1800