Richmond Product Liability Attorney

Every day, we all deal with and handle dozens, if not hundreds, of various consumer and industrial products. Indeed, in the modern world, products touch almost every aspect of our lives. Unfortunately, far too often, big corporations place products in the market that are simply not safe for consumers. When companies value profits over safety, the result can be catastrophic.

At Emroch & Kilduff, our Richmond product liability attorneys have successfully represented many Virginians in a wide variety of unsafe product cases. If you were injured by a product that was defective because of its faulty design, poor manufacturing, or lack of proper instructions or warning labels, we can help. Our highly experienced legal team will review your claim for free, explain your legal rights, and help you explore your options.

Product Liability Cases We Handle

Our Richmond personal injury attorneys handle all types of product liability claims. The simple fact is that virtually any product on the market can potentially cause a serious injury if it is not produced and marketed in a safe manner. Some examples of products that are frequently at issue in Virginia product liability lawsuits include:

  • Unsafe pharmaceutical products, including prescription drugs
  • Defective medical devices and products
  • Automobiles and related parts
  • All types of equipment, machinery, and power tools
  • Common household goods and consumer appliances
  • Electronics, including e-cigarettes

The Three Types of Product Liability Claims

In Virginia, many product liability cases are governed by the legal doctrine of “implied warranty.” Essentially, this doctrine states that consumers and workers should be able to assume that the products they buy are “reasonably safe,” even if a written warranty is not offered. Product liability claims will fall into one of the following three broad categories:

  • Defective design: With this type of defect, the product in question will have an inherent flaw in its design. This means that the entire product line is unsafe and should never have been put on the market due to some problem with the way it was designed.
  • Manufacturing defects: Alternatively, a manufacturing defect means that the product design is acceptable, but that something went wrong in the manufacturing process. As a result, some units were sold despite being unacceptably dangerous.
  • Failure to warn: Finally, you may also be able to bring a claim if you were injured by a product that lacked proper warning labels or had insufficient instructions. Companies have a legal duty to ensure that their products are labeled and marketed in a manner that will encourage safe use. For example, drug manufacturers are required to warn consumers of harmful side effects known to the manufacturer that could potentially be caused by the medication. Sometimes, the manufacturers of pharmaceuticals fail to provide the proper warnings because they are in a rush to get their product to market. If a person is injured because a manufacturer failed to provide a required warning on a drug, the injured person has the right to compensation for her related injuries.

Your Deadline to File a Products Liability Lawsuit

Victims of defective products must act quickly to protect their rights. Under Virginia law, you only have two years to bring a product liability lawsuit. This is known as the statute of limitations, and you need to take it seriously. There are three important things that all victims should know about product liability claims and the Virginia statute of limitations:

  • Initiating legal action: First, your product liability claim does not need to be completely resolved within this two-year period; instead, the timeline simply controls when you must file your legal claim.
  • Date of injury: Next, it is important to understand when the two-year Virginia statute of limitations “clock” starts running. While there are limited exceptions, in most cases, this will be the date you were actually injured.
  • The risk of losing out on your rights: Finally, it must be reiterated that if you fail to act in time, you will lose out on your right to bring a product liability lawsuit at all. Do not let this happen to you. The best way to protect yourself is to get an experienced Richmond product liability lawyer on the phone as soon as you possibly can.

How Much Is My Product Liability Claim Worth?

Ultimately, the value of your legal case will depend on the specific facts surrounding your claim. In the state of Virginia, victims can hold the negligent party responsible for the full extent of their losses. However, the big corporations and their insurance companies are rarely willing to pay victims the full compensation they rightfully deserve. It is imperative that victims of defective products work with an experienced attorney who can help them properly establish their damages so that they can make a fair recovery. Our team can help you recover for:

  • All related medical bills and expenses
  • Any costs associated with physical or psychological therapy
  • Permanent physical disability or disfigurement
  • Lost income, including diminished earning capacity
  • Pain and suffering damages
  • Wrongful death damages

How a Richmond Product Liability Lawyer Will Help You

Product liability claims are notoriously complex. Indeed, they are perhaps the most complicated type of personal injury case. According to a study conducted by the United States Department of Justice (DOJ), product liability claims have a noticeably lower success rate in court than do other more common types of personal injury claims, such as auto accidents. Not only do product liability cases often involve incredibly complex aspects of state and federal law, but also, the defendants in these cases are usually large corporations. These corporations, which typically have mass produced the dangerous product in question, will fight aggressively to limit their liability.

If you were hurt by a defective consumer or industrial product, it is critically important that you work with a qualified attorney. At Emroch & Kilduff, our Richmond product liability lawyers are standing by, ready to help. We will:

  • Vigorously investigate your case
  • Work to gather and secure all important evidence and information
  • Consult with our extensive network of industry and medical experts
  • Employ legal tools, including issuing subpoenas, to gain evidence held by the company
  • Negotiate with the insurance company
  • Fight hard to hold the responsible corporation liable for the full value of your losses

Get Legal Assistance Today

Here at Emroch & Kilduff, we have extensive experience handling product liability claims. If you or a loved one was hurt by a defective product, we can help. To request a free, no-obligation review of your claim, please do not hesitate to call us today at (888) 358-1568. We have proudly been fighting for the legal rights and financial interests of victims in Richmond and the surrounding communities since 1970.

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