Although our homes are meant to provide safe shelter for our family, they are also full of potential hazards that can cause injury. The obvious dangers are things like sharp knives and stovetop flames in the kitchen or wet, slippery floors in the bathroom.
However, there are even more hidden dangers in everyday products that can cause harm and significant property loss.
Every consumer expects the product they buy and bring into the home to be safe to use, provided the instructions and warnings are followed. If that product is defective or those warnings aren’t adequate, the manufacturer or distributor can be held responsible for any injury or loss.
In order to hold them accountable, you’ll need to file a claim with the support of an experienced Charleston product liability attorney. This is not a scenario where you can file out an online form and expect restitution.
It could mean filing a lawsuit with a major company and taking on its liability insurance carrier.
The attorneys at Forbes Law Offices won’t be intimidated by the legal resources from a Fortune 500 company. If we believe a consumer has been harmed by a product, we want to help them seek the compensation they are entitled to.
Before moving forward, you need to understand what type of defect could constitute a product liability and what the legal challenges are.
Common Household Items That Pose Unexpected Risks
Nearly every product that is in your home has some sort of warning label. Those labels are intended to explain the potential risks of using the product. Basically, it is a “worst-case scenario” label of what could go wrong.
These are some of the common household items that pose those unexpected risks:
- Detergent Pods: Brightly colored laundry pods are designed with bright colors that are meant to appeal to the average consumer. Unfortunately, they can also appeal to little kids who mistake them for candy. They can become choking hazards and acute poisoning risks for children.
- Button Batteries: Batteries run toys, remotes, and other devices throughout the house. The smaller coin-sized lithium batteries can trigger catastrophic internal burns and tissue damage if they are swallowed by children.
- Corded Blinds: The cords used on traditional window blinds, shades, and curtains can pose a major strangulation risk for infants, young children, and pets.
- Small Magnets: There are many fun magnet-building tiles or refrigerator magnets that can be easily swallowed if separated. That can lead to intestinal blockages or perforations.
- Air Fresheners & Fragrances: Although they are meant to fill the home with pleasant aromas, scented plug-ins and sprays can emit Volatile Organic Compounds (VOCs). These are the compounds that irritate the respiratory tract or trigger asthma, especially in people with allergy issues.
- Cookware & Personal Care: Certain non-stick pans, cosmetics, and textiles may contain toxic chemicals like PFAS. Constant exposure to PFAS can have long-term health consequences.
- Treadmills: A home treadmill is a great option for exercise. Unfortunately, fast-moving treadmill belts can cause friction burns, lacerations, or fractures if used improperly.
The Legal Standards for Product Liability in West Virginia
In West Virginia, your product liability claim relies on the principle that the product must be reasonably safe for its intended use. If you are injured by that product, you need to establish if there was a defect either in the design, manufacture, or warning for the product. In other words, if you used the product as it was intended and were still hurt, it could be a liability issue.
The legal standards for this type of claim fall under the following three categories:
Strict Liability
Under strict liability, you do not need to prove that the manufacturer was negligent or careless. Instead, you generally must prove only that the product was defective and the defect existed when the product left the manufacturer’s factory or the distributor’s control. You also have to establish that there is a direct link between the defect and the cause of your injuries.
Negligence
If a strict liability claim is too challenging to prove, you can file a claim under the theory of traditional negligence. In order to prevail, you and your attorney will have to demonstrate that the manufacturer or designer failed to exercise reasonable care during the creation, assembly, or distribution of the product. Because of those failures, you were injured.
Typically, this happens when any of those entities “cut corners” to get the product to market.
Failure to Warn
If the product did not come with adequate instructions, safety labels, or warnings regarding any potential dangers, that can be a liability issue. In other words, if you didn’t know there was a danger and were injured, you shouldn’t be responsible for that harm.
Why You Need a Charleston Defective Product Lawyer
In West Virginia, the burden of proof in a product liability case rests on the person who filed the claim or lawsuit. Part of that claim is establishing damages.
You’re entitled to seek compensation for any medical bills or lost wages associated with your injury. You can also seek compensation for pain and suffering that the injury caused. If your case goes before a jury, you might be entitled to punitive damages. That would be an additional sum of money meant to punish the product manufacturer for especially egregious actions.
The skilled attorneys at the Forbes Law Offices specialize in a wide range of personal injury claims, including product liability. Our legal teams can navigate complex liability laws and manufacturing regulations to pursue accountability.
If you’ve been harmed by a product and aren’t sure if the manufacturer should be held liable, we can provide the answer.
Call to schedule a free consultation to find out what should happen next.
