Product Liability

Countless new products come on the market every year, all of them claiming to make our lives better in one way or another. But as we know, products often fail to live up to their hype, and what’s worse, they sometimes contain defects and dangers that can harm users. When consumers or businesses purchase and use a product, they have the right to expect that it has been thoroughly vetted for safety. And when one of these products causes injury during the course of regular use, those who have suffered harm deserve to be fully compensated.

At Bailey, Javins & Carter, L.C., we represent clients throughout West Virginia who have been seriously injured by a dangerous or defective product. Products can include anything from a kitchen appliance to power tools, lawn mowers and tractors. As well as those injured because of the following:

• Defective Design
• Defective Parts
• Defective Repairs and Rebuilds
• Defective Product
• Defective Performance
• No Safety Warning
• Inadequate Safety Warnings

We can help you determine if a product defect may have caused or contributed to your injuries. You may be entitled to compensation for your injuries (or the wrongful death of a loved one), as well as compensation for any property damage.

We have several decades of dangerous product trial experience. We understand product liability law. If you have been seriously injured due to a vehicle defect, product defect, or dangerous product, you need to contact our experienced Charleston dangerous products lawyers today. We offer free initial consultation and case evaluation.

Our representation of clients in product liability cases can include:

• Defective automobiles
• Talc Litigation
• Defective medical devices and drugs
• Juul litigation
• Round-up
• 3-M Ear Plugs
• Defective firepots and fuel gels
• Defective equipment (including defective tools)
• defective roof bolting machines
• defective drills
• defective blasting equipment
• defective industrial equipment (including defective booms)
• defective bulldozers
• and other defective clear-cutting machinery

Our firm has been on the front line for many cases of personal injury related to defective products, including birth defects related to Zofran and complications with Xarelto.

Who is Liable for a Defective or Dangerous Product?

In order to determine who is at fault for a product that has a defect or poses a hazard, it is important to get to the bottom of what caused the problem with the product in the first place. This can usually be traced back to one of three areas:

• Design Flaws: A designer might develop a product that has inherent flaws and/or is hazardous to users. For example, a toy maker might create a line of toys in which small pieces of plastic can easily detach and end up in a child’s mouth. Or in the auto industry, there are vehicles (such as SUVs) that are designed with a high center of gravity that makes them unreasonably hazardous and likely to roll over under various conditions.
• Manufacturing Errors: Some products are designed safely, but they become flawed because of an error in assembling that particular product, or a more widespread error within the manufacturing process. For example, a manufacturing error could happen with a particular batch of medicine in which there was an incorrect mixture that resulted in a dangerous side effect.
• Labeling/Marketing Defects: Sometimes there is nothing inherently wrong with the design or manufacture of a product, but there was a failure to provide an adequate warning about the dangers of a product under certain circumstances and/or instructions on how to safely use it.

There are several parties that could be held responsible for an injury that results from a defective or dangerous product:

• Designers
• Manufacturers
• Engineers
• Third-party consultants/contractors
• Wholesalers
• Distributors
• Retailers
• Other parties within the product’s supply chain

A thorough investigation is required in order to determine which of these parties was at fault based on the specific facts and unique circumstances of the case. In many instances, more than one party might be responsible, and a product liability lawsuit could be brought against multiple defendants.

Pursuing a Product Liability Claim in West Virginia

When someone is injured by a defective or dangerous product, there are three potential legal theories under which the claim could be brought:

• Negligence: Negligence is the theory that the defendant breached their duty of reasonable care to provide a product that was safe and free from hazards and defects. Negligence can occur at any stage during the product development, marketing, and distribution process. As we talked about earlier, it could be a design flaw, a manufacturing error, mislabeling or deceptive marketing, or any number of other negligent acts throughout the process. Negligence is frequently used in product liability claims, and the plaintiff is required to prove that the defendant owed them a duty of care, that their negligent or reckless actions constituted a breach of this duty, and that this breach resulted in compensable losses (e.g., injuries and property damage).
• Strict Liability: Many product liability claims can be brought under the theory of strict liability. Because the product production and distribution supply chain is extremely complex, an injured consumer might have a hard time pinpointing exactly where the negligence occurred. But if the product is defective and/or unreasonably dangerous (during the course of regular use), then anyone within the product’s supply chain could be held responsible.
• Breach of Warranty: When a product comes with a warranty, this is a guarantee that it will perform in a certain way and/or meet a certain standard. A consumer might have an express warranty, which is an explicit guarantee that the seller makes (either in writing or orally) at the time that the buyer purchases the product. A product might also come with an implied warranty, which is a legally required assurance that a product will meet market expectations and/or is fit for a particular purpose. For example, a steering wheel on an automobile is expected to be able to steer the vehicle properly, and a car buyer would not need an express warranty from the seller to have this expectation. Breach of warranty is the most seldomly used legal theory in a product liability claim, because there are several limitations that restrict its usefulness.

Product liability claims are very complicated legal actions, and it is always best to get an experienced attorney involved as early as possible, so they can go to work immediately investigating the case, uncovering critical facts, and preserving important pieces of evidence. It is also important to keep in mind that the statute of limitations for all types of personal injury claims in West Virginia is generally two years from the date that the injury occurred. If you fail to bring an action within the required timeframe, there is a very good chance that it will be thrown out of court.

Contact Our Firm for a Free Consultation with an Experienced Product Liability Attorney

If you or someone close to you suffered injury because of a defective or dangerous product in West Virginia, contact Bailey, Javins & Carter, L.C. for a free consultation and case assessment. We will meet with you to thoroughly evaluate your case and advise you of your legal rights and options. To get started, message us online or call our office today at (800) 497-0234 or (800) 296-6979. We look forward to serving you!

We work on a contingent fee basis. We do not get paid unless you do.

Charleston Dangerous Products Lawyers: Protecting Your Rights

Work with Product Liability Lawyers in Charleston

With several decades of experience in handling dangerous product trial cases, our legal team is well-versed in product liability law. If you or a loved one has suffered a serious injury due to a defective vehicle, a faulty product, or a hazardous item, you need to act quickly. Our skilled Charleston dangerous products lawyers are here to provide you with the legal representation you need to seek justice and fair compensation.

We understand the complexities of product liability cases and are committed to holding negligent manufacturers accountable. Our firm offers a free initial consultation and case evaluation, allowing you to explore your legal options without any financial obligation.

What Is Product Liability?

Product liability refers to the legal responsibility of manufacturers, distributors, suppliers, and retailers for producing or selling defective and dangerous products. When a product is found to be unsafe, it can cause severe injuries or even fatalities. Victims of defective products have the right to seek compensation for medical expenses, lost wages, pain and suffering, and other damages.

At Bailey, Javins & Carter, L.C., we have extensive experience handling product liability claims, representing clients who have been harmed due to defective or dangerous products. These cases arise when manufacturers, designers, or sellers fail to ensure product safety, leading to injuries or even fatalities. Our team is committed to holding negligent parties accountable and helping victims receive the compensation they deserve. We handle a wide range of product liability claims, including but not limited to:

Defective Design

Some products are inherently hazardous due to flaws in their design. Even when used as intended, these products can cause severe injuries or death. Design defects often affect entire product lines rather than a single faulty unit. Examples include:

• Vehicles prone to rollovers, increasing the risk of fatal accidents.
• Unstable ladders that collapse even when properly set up.
• Power tools that lack essential safety features, leading to preventable injuries.

Defective Parts

A single defective part can compromise the safety of an entire product. Whether it’s a car, a medical device, or an electrical appliance, one faulty component can cause catastrophic failure. Examples include:

• Faulty airbags that fail to deploy or explode upon impact.
• Medical implants that break down inside the body, leading to serious health complications.
• Electrical wiring defects that increase the risk of fires or electrocution.

Defective Repairs and Rebuilds

When a product is improperly repaired or rebuilt, it may fail under normal usage, causing significant injuries. This is especially concerning with industrial equipment, automobiles, and aircraft, where faulty repairs can be life-threatening. Common issues include:

• Poorly repaired brakes or steering components in vehicles, leading to accidents.
• Reassembled machinery missing critical safety mechanisms.
• Aircraft parts that fail due to improper refurbishing.

Defective Product Manufacturing

Even when a product is well-designed, errors in manufacturing can make it unsafe. This occurs when the final product deviates from its intended specifications due to contamination, poor materials, or assembly mistakes. Examples include:

• Contaminated pharmaceutical drugs that cause adverse health effects.
• Misassembled child car seats that fail in a crash.
• Structural weaknesses in construction materials, leading to collapses.

Defective Performance

Some products do not function as expected, leading to injury. A few examples include:

• Safety harnesses that fail to support weight.
• Airbags that fail to deploy in a collision.

Inadequate Safety Warnings

Manufacturers must provide clear warnings about potential hazards. If instructions are unclear, incomplete, or missing, consumers may unknowingly put themselves at risk.

At Bailey, Javins & Carter, L.C., we fight for justice on behalf of victims harmed by unsafe products. If you or a loved one has been injured due to a defective product, contact us for a free consultation.

What Are the Types of Defective Product Cases We Handle?

Our firm has successfully represented clients in a wide range of product liability cases. Below are some of the most common defective product claims we handle:

Defective Automobiles

Faulty vehicle components can lead to catastrophic accidents. Some common automobile defects include:

•       Brake failures
•       Defective airbags
•       Faulty seat belts
•       Engine and fuel system defects
•       Tire blowouts
•       Unintended acceleration issues

Talc Litigation

Talc-based products, including baby powder, have been linked to serious health conditions such as ovarian cancer and mesothelioma. Our firm represents individuals who have suffered illnesses due to prolonged exposure to talc products.

Defective Medical Devices and Drugs

Medical devices and pharmaceuticals are meant to improve health, but when they are defective, they can cause severe harm. We handle cases involving:

•       Defective hip replacements
•       Faulty pacemakers
•       Dangerous prescription medications
•       Harmful over-the-counter drugs

Juul Litigation

E-cigarettes and vaping products have been linked to serious lung illnesses and nicotine addiction among young people. We represent individuals affected by defective vaping devices and misleading marketing practices by manufacturers.

Roundup Litigation

Roundup, a widely used weed killer, has been associated with non-Hodgkin’s lymphoma and other serious health conditions. If you or a loved one has been diagnosed with cancer due to Roundup exposure, our attorneys can help you seek compensation.

3M Ear Plugs Cases

Defective 3M military earplugs have led to hearing loss and tinnitus in veterans and service members. We are actively representing individuals affected by this product’s failure to provide adequate protection.

Defective Firepots and Fuel Gels

Firepots and fuel gels can cause dangerous explosions and severe burns. If you or a loved one has been harmed due to these products, we are here to help.

Defective Industrial Equipment and Tools

Industrial and construction workers often face hazards due to defective equipment. We handle cases involving:

•       Defective roof bolting machines – Critical for mine and construction safety, defects in these machines can lead to cave-ins or falling debris.
•       Defective drills – Malfunctioning drills can cause serious hand injuries, amputations, or fatalities.
•       Defective blasting equipment – Explosives and blasting devices must meet strict safety standards; when they fail, the results can be catastrophic.
•       Defective bulldozers and clear-cutting machinery – Heavy machinery defects can lead to workplace accidents, causing life-altering injuries.

Notable Cases We Have Handled

Our firm has been at the forefront of numerous personal injury cases related to defective products. Some of the most notable include:

•       Zofran Birth Defects – The anti-nausea drug Zofran has been linked to birth defects when taken during pregnancy. We have helped families pursue claims against the manufacturers for failing to warn consumers.
•       Xarelto Complications – Xarelto, a blood thinner, has been associated with severe bleeding events, strokes, and even fatalities. Our team has fought for victims who suffered due to the drug’s dangerous side effects.

 

Potentially Liable Parties in a Product Liability Case

When an individual sustains an injury due to a defective or dangerous product, several parties within the product’s supply chain could be held legally responsible. Determining liability in such cases requires a comprehensive investigation into the design, manufacturing, distribution, and sale of the product. Depending on the specific circumstances, responsibility may fall on one or more of the following entities:

1. Designers

The design phase is critical in ensuring that a product is safe for consumer use. If a product has an inherent flaw in its design—one that makes it unsafe even when properly manufactured and used as intended—the designers or engineers responsible for the blueprint may be held liable. Examples include medical devices with an inherent risk of failure, structurally unsound furniture, or electronic devices prone to overheating. A poorly designed product can lead to injuries even if it is manufactured exactly as intended.

2. Manufacturers

Manufacturers, whether large corporations or small-scale producers, play a key role in product safety. Even if a product is designed correctly, defects can occur during the manufacturing process due to errors, substandard materials, or quality control failures. A manufacturer can be held liable if an injury occurs due to improper assembly, contamination, or faulty components. For example, if an automobile part is produced with a material that is not durable enough, it could lead to brake failure, putting drivers at risk. Additionally, if a factory fails to implement proper quality control measures, a batch of defective products could enter the market, increasing the likelihood of harm to consumers.

3. Engineers and Third-Party Consultants/Contractors

Companies often hire engineers, consultants, and third-party contractors to oversee aspects of design, testing, or safety compliance. If negligence occurs at this level—such as failing to conduct adequate safety testing or providing incorrect specifications—these professionals may share responsibility for an unsafe product. Engineers play a critical role in verifying that a product meets all regulatory and safety standards before it reaches consumers. If a consultant provides inaccurate information about a product’s durability or fails to detect potential hazards, they may be held accountable for injuries resulting from the product’s use.

4. Wholesalers and Distributors

Wholesalers and distributors act as intermediaries between manufacturers and retailers, ensuring that products move through the supply chain. While they do not create or assemble the product, they can be held liable if they knowingly distribute a defective product or fail to remove a recalled item from circulation. For example, if a distributor continues to supply a product that has been reported to have safety defects, they may be held partially responsible for any resulting injuries. The responsibility of wholesalers and distributors extends to ensuring that recalled products do not reach consumers and that defective items are promptly pulled from shelves.

5. Retailers

Retailers are responsible for selling products that are safe for consumer use. If a retailer knowingly sells a defective or recalled product, fails to provide adequate warnings, or misrepresents a product’s safety, they may be held liable for injuries resulting from its use. This applies to both brick-and-mortar stores and online sellers. Retailers must ensure they are sourcing products from reputable manufacturers and that they do not sell items that have been identified as hazardous. Additionally, retailers have a duty to inform consumers about proper product usage and potential risks. If a product comes with warnings or safety instructions, failing to provide these to the buyer could be considered negligence.

6. Other Parties Within the Supply Chain

In some cases, additional entities involved in the production, distribution, or sale of a product may share responsibility. This can include:

•       Testing laboratories that failed to identify defects or safety hazards. Many products undergo rigorous testing before reaching the market, and if a testing agency overlooks a significant safety risk, they may be held responsible.
•       Shipping companies if damage occurred during transport that made the product unsafe. For example, if fragile electronic components are improperly handled during shipping and rendered defective, the shipping company may bear some liability.
•       Component manufacturers that supplied defective parts used in the final product. If an injury occurs due to a faulty component, the company that produced the defective part may share liability with the manufacturer of the final product.

Determining Liability in a Product Liability Lawsuit

A thorough investigation is essential to establish which parties are at fault. The legal basis for liability can fall under one or more of the following claims:

•       Defective Design – The product was inherently unsafe due to its design. Even if manufactured correctly, the product poses a danger due to its structural or functional flaws. Examples include children’s toys with choking hazards, medical devices prone to failure, or vehicles with a high risk of rolling over.
•       Manufacturing Defect – A flaw occurred during production, assembly, or material selection. This can include improperly installed parts, substandard materials, or contamination during the production process. Manufacturing defects often impact only a portion of the products produced, rather than the entire product line.
•       Failure to Warn – The manufacturer or seller failed to provide sufficient safety warnings or instructions. If a product requires special handling or comes with inherent risks, the manufacturer must clearly communicate this information to consumers. If proper warnings are not provided and a consumer is injured as a result, the company may be held liable.

Proving Liability in a Product Liability Case

Establishing liability in a product liability case requires extensive evidence, including:

•       Product Testing Reports – Evidence showing that the product failed to meet safety standards or underwent inadequate testing.
•       Expert Testimonies – Statements from engineers, safety experts, or medical professionals regarding the product’s defects.
•       Recalls and Safety Warnings – If the product was subject to recalls or prior safety complaints, this can help establish negligence.
•       Consumer Complaints and Reports – Documentation of similar incidents involving the same product, which may indicate a pattern of defects.
•       Medical Records – Proof of injuries sustained as a direct result of the defective product.

Seeking Compensation in a Product Liability Lawsuit

Many product liability cases involve multiple responsible parties, meaning that legal action may be brought against more than one defendant. Through expert analysis, safety reports, and consumer protection laws, plaintiffs can seek compensation for:

•       Medical Expenses – Costs for emergency treatment, surgeries, rehabilitation, and ongoing medical care.
•       Lost Wages – Compensation for time away from work due to injuries caused by the defective product.
•       Pain and Suffering – Damages awarded for physical pain, emotional distress, and diminished quality of life.
•       Punitive Damages – In cases where a company acted with gross negligence or willful disregard for safety, additional damages may be awarded to deter similar misconduct in the future.

By holding negligent parties accountable, product liability laws aim to protect consumers and encourage companies to prioritize safety in product design, manufacturing, and distribution. If you or a loved one has been injured due to a defective product, consulting an experienced product liability attorney can help you understand your legal rights and pursue fair compensation for your damages.