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How do you know if you have a valid products liability claim?

Every day, West Virginia residents are harmed by products that they use on a regular basis. When a dangerous product causes injury, it may be because of factors outside of the victim's control. Issues with packaging, harmful product contents, improper labeling and other factors may have caused an incident that harmed the consumer. When this happens, victims have the right to pursue a products liability claim against the parties believed responsible for their suffering.

Determining who may be responsible for a dangerous product can be a complex process. It may be the manufacturer, the distributor, the retailer, a third party or any combination of these. Products liability generally refers to personal property but can also include issues with real estate or even intangibles, such as gas. When dealing with a particularly complex situation, it can be useful to seek an evaluation with a lawyer to assess the viability of a products liability claim. 

A West Virginia victim may have a valid products liability claim if he or she suffered harm due to negligence, breach of product warranty or strict liability. A successful claim provides evidence proving that the product was defective because of design, manufacturing errors or erroneous marketing. Even if the product was used correctly, these flaws may have presented an unnecessary risk to consumers.

It is frustrating when a product causes harm, but victims have options. It can be daunting to consider seeking compensation from a large company or manufacturer, but the first step is to simply reach out for help. A products liability claim cannot undo any damage done to an innocent consumer, but it may help in securing financial recovery after an accident.

Source: law.cornell.edu, "Products liability", Accessed on April 20, 2015

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West Virginia Association for JusticeAmerican Association for JusticeBrain Injury Association of America

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