Charleston Product Liability Attorney

An Igloo Cooler’s defective tow handle severed part of a man’s finger. A Ford Mustang exploded, leaving the owner with severe burns over most of his body. A defective battery sparked a fire that resulted in over $3 million in damages. These are all examples of recent product liability lawsuits making their way through the courts.

They’re also prime examples of how what might seem like a safe product can become a very dangerous hazard.

Yes, products we buy can occasionally break or not work as we thought they would, but that doesn’t mean they should cause harm. If a defective product has hurt you, it’s not about getting a refund. You’re entitled to seek compensation for any medical expenses and time lost.

If the prospect of challenging a huge Fortune 500 company intimidates you, don’t worry.

You can find a strong advocate with the legal team from the Forbes Law Offices. We’re a team of seasoned personal injury lawyers who aren’t afraid to stand up to a huge corporation. When we believe in a client, we exhaust all the resources of our office to secure a fair settlement.

Filing a product liability claim is not without its challenges. If we agree to work with you on your claim, we’ll never shield you from the truth. We provide the kind of guidance you need to make the right decisions about your future, and help you understand exactly what a product liability claim is all about and whether it applies to your situation.

Types of Defective Product Claims We Handle in Charleston

In order to file a defective product claim, you have to zero in on exactly what went wrong with the product and why. A product claim will fall into one of the following categories:

Manufacturing Defects

A manufacturing defect occurs during the production of the product. Typically, this will mean that a batch of products has been compromised. These are some examples of manufacturing defects:

• Automotive: A vehicle brake pad built with substandard metal that snaps under normal pressure. An airbag inflator is assembled with defective components that cause it to rupture when deployed.

• Electronics: A toaster, power tool, or phone charger is built with loose internal wiring that causes a sudden fire.

• Food and Medicine: A specific factory batch of pills contains double the intended chemical dosage due to a mixing error, or jars or cans of food become contaminated with bacteria during processing.

• Consumer Goods: A children’s toy painted with toxic lead paint instead of safe paint by mistake on the assembly line

Design Defects

Before the product goes into production, there could be inherent flaws present in the blueprint or planning stage. That means products are dangerously unsafe even if they are manufactured and assembled perfectly.

• Vehicles: An SUV can be built with a high center of gravity and narrow base that causes it to flip over during sharp turns.

• Children’s Toys: Toys that are designed with small parts that detach too easily can create a choking risk for young kids.

• Household Items: Storage bins or containers engineered with hidden sharp edges under the lid that cut users. A space heater is designed without an automatic tip-over shutoff, increasing the risk of house fires.

• Power Tools: Saws or heavy machines made without protective shields to keep hands away from moving blades.

Marketing / Failure to Warn

Every product comes with instructions and warnings. When those instructions are unclear or incomplete, it can lead to risks tied to using the product. For example:

• Prescription Drugs: A medicine is sold with ads showing only the good points, but it lacks clear text about severe side effects or risks.

• Household Cleaners: A chemical spray or oven cleaner does not warn you to wear gloves or use it in a room with an open window.

• Power Tools: A circular saw or heavy machinery is sold without clear labels about needing eye protection or safe handling.

• Children’s Toys: A toy has small parts that can come off easily, but the box does not warn parents about a choking risk for small kids.

• Pesticides and Weed Killers: A garden chemical is labeled as safe for home use but leaves out known long-term health risks from breathing the fumes.

Core Legal Theories of Product Liability

As you and your Charleston product liability lawyer prepare your claim, you’ll need to apply core legal theories of product liability.

• Strict Liability: Under this theory, you will hold the manufacturer or seller liable for defects without needing to prove direct operational negligence. The stipulation is that the product has to be proven to be unreasonably dangerous during foreseeable use.

• Negligence: When using the theory of negligence, you have to prove that a party in the supply chain failed to exercise ordinary care during the design, testing, manufacturing, or inspection process of the product.
• Breach of Warranty: A breach of warranty is based on the violation of explicit or implicit contractual guarantees concerning the merchantability or fitness of the product.

Proving any of these theories will require collecting all the relevant information about the development and management of the product. The company might resist providing those documents.

The attorneys at Forbes Law Offices can intervene and ensure that those relevant documents are preserved.

Steps to Take If a Defective Product Causes an Injury

If a defective product has harmed you, there are certain steps to take to tend to any injuries and protect the integrity of your lawsuit. Here’s what you need to do.

Get Medical Care

If you are injured, you need to go to a doctor or hospital for treatment immediately. Be sure to describe what happened and ask for copies of all medical reports and bills.

Save the Evidence

It is important to keep the broken item in its current state. Do not try to fix, clean, or throw away the product. You also don’t want to ask for a refund that would require you to return the product. You’ll want to keep the box, tags, manuals, and store receipts.

Document Everything

You need to take clear pictures of your injuries and the faulty product. Additionally, you’ll want to photograph the area where the accident happened. It will also help to write down a short note about what you were doing when you were using the product and how it broke. 

Protect Your Claim

In order to protect your claim, you should avoid posting details or photos of the accident on social media. That can inadvertently compromise your claim. It is also important to avoid giving recorded statements to the manufacturer’s insurance adjuster. You could inadvertently say something that works against you.

Speak With an Attorney

It is vital to speak with an attorney as soon as possible. You’ll be able to get your questions answered and know exactly what should happen next.

Compensation Available for Victims of Defective Goods

A product liability claim is similar to a personal injury claim in that you’re entitled to seek damages for all your losses. It is important to work closely with your attorney to calculate the full scope of your damages.

These will include the following:

Economic Damages

• Compensation for hospital visits, surgeries, and medication.
• Reimbursement of lost income from missing work or reduced future earning power.
• Replacement or repair of the personal property ruined by the defective item.

Noneconomic Damages

• Compensation for physical pain and long-term discomfort.
• Benefits for emotional trauma, anxiety, or depression.
• Account for loss of companionship or reduced quality of life.

Punitive Damages

• A punishment against manufacturers for intentional misconduct or gross negligence.

There is a cap of $500,000 or four times the compensatory damages, whichever is greater. There are no caps for economic or noneconomic damages.

How a Charleston Product Liability Lawyer Advocates For Your Rights

In order to pursue a defective product claim, you need to determine who is responsible.

That requires an extensive investigation. There could be many parties involved, including manufacturers, distributors, retailers, and other parties. Any of those large companies often have insurers and legal teams that are prepared to defend against claims.

This isn’t the type of issue that can be resolved in small claims court.

The legal teams at Forbes Law Offices have experience pursuing these claims. We know what needs to be done to prevail.

During your initial consultation with Forbes Law Offices, you’ll have the opportunity to discuss what happened.  If available, please also provide your initial evidence, such as photographs, receipts, packaging, instruction manuals, and medical records.

We’ll be able to discuss potential liability and explain what may happen next.

Forbes Law Offices brings more than 75 years of combined experience representing West Virginians. We won’t back down from a battle with any company that is responsible for dangerous and defective products.

Time is another important consideration when pursuing compensation.

Under West Virginia Code, personal injury actions must be brought within two years from the date of the injury. If you miss the filing deadline, it can prevent you from recovering compensation, no matter how exhaustive your injuries might be. Acting quickly also gives our attorneys more time to preserve the defective product and other evidence before it is lost. That can make all the difference with your claim.

If an unsafe product has harmed you or someone you love, you do not have to navigate a complicated product liability claim alone. Contact Forbes Law Offices today to schedule a free consultation. Let’s find out what should happen next.