COVID-19 NOTIFICATION: To protect your safety in response to the threat of COVID-19, our staff is still available to serve you during our normal office hours. We are offering our clients and potential clients the option to connect with us via telephone, email and video-conferencing. Please call or email us to discuss your options.

Dangerous home products can cause injuries or death

| Oct 10, 2014 | Personal Injury

When a product is made correctly in West Virginia, it can add value to people’s lives. On the contrary, when it is defective, it can injure consumers or even snatch their lives from them. People who are injured due to using dangerous home products have the right to take legal action against the parties deemed responsible for manufacturing, designing or selling the faulty products.

One type of lawsuit involves the theory of strict product liability. This theory allows plaintiffs to recover damages while not having to prove that the product maker or seller was negligent. Another type of claim is based on the breach of a warranty. If the product manufacturer or seller expressly provided a customer warranty, and the customer was injured by the product, the manufacturer/seller may be held liable.

An implied warranty, which is different from an express warranty, means that products sold in one’s state will be safe and suitable for their intended purposes. An injured customer may be awarded damages if an implied warranty happened to be breached. It’s also worth noting that if a person borrowed a product from a neighbor and became injured, he or she may still be entitled to recover damages.

It can be disheartening to learn that a trusted product in West Virginia caused injuries due to being unfit for public use. In this case, several parties may be held financially responsible, including not only the seller and manufacturer but also a wholesaler. Injured parties or the family of victims who were killed after using dangerous home products have the right to analyze all of their legal options in an effort to correct any wrongs and seek justice through our civil court system.

Source: FindLaw, “Product Liability Law FAQ“, , Oct. 6, 2014