Product liability is the area of law that deals with defective and dangerous products injuring consumers. Manufacturing companies must maintain high standards of care in the design, production and manufacturing of their products. When they breach these duties, intentionally or negligently, consumers can pay the price.
If you have an injury from a defective product in Fairfax or if you believe a loved one died due to an item’s defect, do not wait to contact Koonz McKenney Johnson & DePaolis LLP for a free initial legal consultation. Our Virginia product liability attorneys can help you understand the elements of your case and fight for financial compensation, if applicable. Speak to a lawyer at no obligation today at (703) 498-2928.
Product liability law is a complex field with unique factors compared to general personal injury claims. The legal process can involve multiple theories of liability, including negligence and breach of contract. It can be difficult to understand and navigate these laws on your own. A simple mistake could delay the processing of your claim or even interfere with your ability to recover financial compensation.
Hiring a defective products lawyer in Virginia could take the burden of legal action off your shoulders. Your lawyer can handle tasks such as negotiating with insurance adjusters and bringing your claim to trial on your behalf while you focus on healing from your injuries. If you suffered catastrophic injuries or a loved one died, it is even more important to hire a lawyer. Otherwise, the insurance carrier of the product manufacturer might try to convince you to settle for a lowball amount that does not meet your needs.
Product manufacturing companies do not want to maximize your financial recovery. They want to minimize or eliminate it to save themselves and their investors money. Conversations with insurance companies, therefore, might not go your way. If you retain an attorney to represent your rights and interests during a defective product claim, however, you can rest assured someone is fighting for maximum compensation on your behalf using all possible outlets and strategies.
The three legal doctrines that apply to most product liability claims in Virginia are negligence, breach of contract and strict liability. The doctrine your case will use depends on its factors. Negligence is a common doctrine for personal injury and wrongful death claims of all kinds. Negligence is the violation of a duty of care to the victim, such as the duty to manufacture reasonably safe products. Proving negligence generally requires proof of four essential elements.
If a manufacturing facility or distributor breached any duties of care to you as a consumer, and this caused your injury or someone’s death, it may owe you compensation based on the legal theory of negligence. Many manufacturers are guilty of negligence such as skipping steps or cutting corners to increase profits. Others intentionally break the rules to cut costs or protect their reputations. Any provable act of negligence could force a manufacturer or distributor to pay for your related damages.
Many product liability lawsuits in Virginia use the theory of strict liability rather than negligence. Strict liability means the manufacturer or distributor of the product will be liable for injured consumers’ damages whether or not the company was negligent. Even if the defendant did everything he or she reasonably could have to create a safe product, if the product contained a defect that injured someone, the company could be financially responsible based on the doctrine of strict product liability. Strict liability might take effect if you or your lawyer can show proof of one of three types of product defects.
If you or your product liability lawyer from Koonz McKenney Johnson & DePaolis LLP can prove the product that injured you contained one of these defects, and that the product is responsible for the injuries you are claiming, you will not need to establish negligence. It will be enough to demonstrate the existence of the defect and the cause of injury. Our attorneys can review your individual case to let you know if we believe the doctrine of strict liability will apply.
In more than 40 years representing injured clients throughout the region, our product liability lawyers have helped people deal with claims involving all types of defective and dangerous items. We understand how these cases work and how to protect consumers’ rights against all types of manufacturing companies in Virginia. We have the experience to help you go up against a manufacturer and/or distributor for any type of defective product.
A defect with any type of consumer product could potentially cause personal injuries and wrongful deaths. No matter what type of product you believe caused you or a loved one’s recent injuries, contact us to discuss the possibility of bringing a lawsuit. One or multiple parties may owe you financial compensation for several different damages.
The proof required for a defective products case will depend on the legal doctrine the case involves. The doctrine you or your lawyer use to bring your case will determine how many elements you must establish for damage recovery. In general, a claim based on negligence or breach of contract will have greater evidentiary standards than one based on strict liability.
A breach of contract case is similar to a negligence case in that the requirements for compensation include the plaintiff establishing the company’s neglect to fulfill the terms of a contract, guarantee or promise. Your attorney will need to show evidence of the existence of a valid contract or agreement between you and the product manufacturer, a breach of this contract and subsequent related damages to win your case.
The burden of proof in all civil claims, including those centered on product liability, is a preponderance of the evidence. Rather than the requirement to prove guilt beyond a reasonable doubt, as is the case in criminal law, you or your attorney must only prove your argument is more likely to be true than not true. An attorney from Koonz McKenney Johnson & DePaolis LLP can help you with the specific elements and burden of proof in your Fairfax product liability lawsuit.
A successful product liability lawsuit in Virginia could yield financial recovery for all the damages you and your family sustained because of the defective or dangerous product. If a defective car part caused a catastrophic car accident, for example, the manufacturing company may owe you compensation for your bodily injuries and vehicle damages. You may be eligible for many different types of damages for a defective product depending on the case.
The value of your product liability lawsuit in Virginia will depend on many factors unique to your claim. Our product liability lawyers can review your specific case and give you an accurate estimate of how much we believe the defendant owes you. From there, we can help you negotiate with the defendant’s insurance provider for fair and full financial compensation. If the defendant refuses to meet our demands, we can represent you during a product liability trial in Fairfax County instead. We are the best when it comes to all types of personal injury claims in Fairfax & Virginia.
Defendants, legal doctrines, elements of a claim, burdens of proof and statutes of limitations are all things our lawyers at Koonz McKenney Johnson & DePaolis LLP can handle for you during a Fairfax product liability claim. We can walk you through the laws related to your specific case and help you go up against a large and powerful manufacturing facility in Virginia. No matter what type of product caused your injury or what diagnosis a physician recently gave you, contact us to discuss a case with lawyers who are passionate about helping injured consumers. Call (703) 498-2929 today to schedule your free product liability case review in Fairfax.