Defective Product Attorney
Serving West Virginia and Ohio
Frequently Asked Questions
What must I prove in a product liability case?
You would have to establish three elements:
- The product was defective and posed danger when used in its intended way
- The defect was there when the product left the manufacturer
- The defect was a proximate cause of your injury, meaning that it was a cause, but not necessarily the only cause.
How could I possibly sue any of those huge manufacturing companies?
It’s true that large manufacturing companies retain many lawyers and devote large amounts of money to defending themselves against lawsuits. But if you’re injured by a defective product, you have a right to sue for damages, and an experienced defective product attorney such as Jim Leach knows how to do it for you.
It will be important for you to keep all records and receipts related to medical care and all packaging and user directions of the product. It would help if you took photographs immediately of the defective product and any visible harm it caused, such as a burn or laceration. Personal injury cases often become complex because medical experts are required, to examine your medical records and testify in court. All of this can be handled by your product liability lawyer. The sooner you get things started, the better. There will likely be much research required, and it should be done carefully and fully, to strengthen your case.
Who can be held liable when a product defect causes injury?
The manufacturer can certainly be held liable. Also any wholesalers or distributors and the retailer can be held responsible, even if they didn’t know about the defect, or cause it. If you bought something second-hand, there may be liability on the part of all these entities, or there may not. It will depend on which state you are in, and on the particular circumstances.
If other people are injured by the defective product you were using, they may all be covered, as long as you were using the product in a “foreseeable” manner. Every case is different, and an experienced defective product attorney can determine all these answers and gather the relevant information for you.
What sort of compensation could I recover?
There would be four possible types of compensation;
- Compensatory damages – to reimburse you for medical expenses, lost wages, and property damage
- Pain and suffering – to compensate you for the physical and mental pain
- Loss of consortium – to compensate you for any damage inflicted on your spousal relationship
- Punitive damages – to punish the defendant(s) and persuade them to be more careful in future (limited and not always awarded)
What if the manufacturer is a foreign corporation?
This is a more and more frequent situation. American corporations may have all or part of their products made in another country and then sell the end product here. Once the product is sold in the U.S., the manufacturer becomes subject to U.S. laws. But foreign companies have many ways of defending themselves against American lawsuits. But an experienced product liability attorney will be familiar with these maneuvers, and will know how to work against them or around them.
Don’t delay if you’ve been injured by a defective product. Jim Leach has been serving residents of Ohio and West Virginia for many years and has built up excellent experience as a defective product attorney. He knows how to listen, and that is the first thing he will do when you schedule your free initial consultation. Call or email us today to set it up.
Our defective product attorneys represent injured victims throughout West Virginia and Southern Ohio including the communities of Belpre, Marietta, Parkersburg, Wheeling, Athens, Jackson, Vienna, Morgantown, Charleston, Huntington, Ravenswood and Ripley.
1.866.janjim1