Product liability is essentially a tort action that makes a manufacturer civilly liable for damages if the product has a defective condition making it unreasonably dangerous to the user or consumer. The injured victim will generally make a claim to the manufacturer through an attorney. In that early phase, the West Virginia personal injury attorney will deal with the manufacturer's insurance carrier and provide to it all of the necessary factual and medical information. This includes a full description of what happened and a description of the dangerousness of the defective product.
Under the U.S. Consumer Product Safety Act the federal government has the power to require the recall of unreasonably hazardous products for the purpose of having them repaired, replaced or the price refunded. See 15 U.S.C. Sec. 2064 (c)-(f). Aside from such consumer protections, a manufacturer or seller is strictly liable under state and federal law, including West Virginia law, to compensate those end users suffering injuries from such a defective product. The rule of strict liability in general says that one who sells a product in a defective condition that is unreasonably dangerous to the intended consumer, is strictly liable for personal injury caused to that consumer.