Many manufacturers and sellers of products are more concerned with profitability than they are with producing and selling safe products. As a result, defective products cause serious injury and death to thousands of innocent adults and children every year.
The Roanoke, Virginia product liability lawyers at Lichtenstein Law Group PLC are experienced in handling the complex litigation that is often necessary when injuries result from defective products. Call us today to schedule a free consultation and explore your options for recovering compensation for your injuries and other losses caused by a product with a defective design.
With almost a century of combined legal experience, our product liability lawyers are highly skilled litigators who have the resources and the chutzpa necessary to stand up to deep-pocketed corporations in the courtroom. As a recognized leader in product liability litigation, firm founder John Lichtenstein has been chosen as President of the Virginia Trial Lawyers Association and is a Fellow of the American College of Trial Lawyers, as well as the International Academy of Trial Lawyers, strictly invitation-only organizations of the top one percent of trial lawyers in the United States and Canada.
Each individual case is different, but our dedicated litigation team has secured individual recoveries in excess of $1 million for clients across many different kinds of defective product cases.
Product liability cases are usually one of three kinds: design defects, manufacturing defects, or marketing defects (failure to warn). A product with a design defect is one with an inherent defect in design.
Defective design cases are extremely complex. Our firm will begin with an intensive evaluation of the case to assess tactics and strategies and determine the best route of attack. Our approach usually includes:
There is an immense amount of work that goes into preparing for a product liability trial, and our trial attorneys are devoted to aggressively pursuing maximum compensation for the trauma you and your family have suffered. Although our ultimate goal is a successful jury verdict, there are instances where we have developed such a strong case that the at-fault parties offer a full and fair settlement in order to avoid having to defend their product at trial.
Whether your compensation comes through a jury verdict or a well-negotiated settlement, our goal is your and your family’s protection and satisfaction in the result of your case.
If you were injured after using a product as directed, you may have a product liability case. If the defect is a design defect, then your product liability case may be approached from a defective design standpoint.
A defect in design means that if you use a product as intended, you are likely to be injured because of the very way the item is designed. Rather than being a problem with the way the product was manufactured, a design defect is an inherent defect. Injuries are common even when using a product as intended and even when the product was made according to specifications.
In some states, there is strict liability for injuries resulting from someone using a product as directed, which means that a company is liable if injuries occur due to a defective design. You do not have to prove intent or negligence.
In Virginia, however, strict liability does not apply to defective products. You must prove that the designer, manufacture, or distributor of a product or part of a product was somehow negligent.
Almost any kind of product sold can have a design defect, but certain products are more likely to cause serious injuries than others. Examples of products that are commonly the subject of defective design cases include:
Examples of design defects could include a product that is not structurally able to support weight when that is an intended use of the product, or a toy intended for small children that poses a choking hazard.
Although some of these products come with warning labels notifying the user about potential dangers, sometimes the warning is insufficient or the risk of injury is too great for the label to be an adequate defense.
If you have been injured while using a product the way it was intended to be used, you may have a defective design case. Product liability cases are complex and require being able to prove negligence on the part of the designer or manufacturer and lack of a safer, cost-effective design.
The product liability lawyers at Lichtenstein Law Group know the ins and outs of defective design cases. If you talk to us about your case, we can gather the information that we need to determine if you have a solid defective design case.
In order to prove defective design, you must be able to show that you were injured when using a product as directed, and that someone or some company involved in the design, manufacturing or distribution of the product was negligent.
The important elements of a defective design case are proving that:
Proving negligence in a tort case involves establishing that a company owed a duty to you, the plaintiff, that they breached that duty in some way, that the breach of duty (defective product design) was the actual and proximate cause of your injury, and that you suffered actual damages because of the company’s negligent act.
Showing negligence in a product liability context has an extra layer of complexity. The main test in proving that a company was negligent in regards to defective product design is a risk-utility analysis. The risk-utility analysis balances the risk of injury with the usefulness of cost-effectiveness of the product.
So in order to show that a product has a design defect, you must be able to prove that there is hypothetically another design, just as economically feasible and practical as the original design, that would still retain the primary purpose of the original despite the modifications, and that would be safer than the original.
A product liability attorney has experience in strategizing approaches for proving product defects, causation and negligence, and putting together the evidence and witnesses necessary to win at trial or negotiate satisfactory settlements.
The lawyers at Lichtenstein Law Group PLC are dedicated to helping Virginians pursue defective product claims in order to get compensation for the injuries and other damages suffered as a result of a defective product.
Cases regarding injury from defective products generally require intensive evaluation and review in order to determine how to proceed and to assess tactics and strategies for the best route of attack.
If you have suffered injury or a loved one has died as a result of a defective product, call us. We have the capacity and resources to investigate and research the facts and law of each case effectively and to integrate our work into an aggressive pursuit of compensation.
We will provide a free initial consultation to discuss the circumstances of what happened and how we can help you.
We are committed to delivering the highest standard of service to our clients. We strive to develop an in-depth understanding of your situation and then draw upon our legal knowledge to develop innovative solutions to help you achieve your strategic objectives. We are dedicated to developing strong and lasting relationships that serve the interests of our clients.
When you have been injured because of a product with a defective design, you may be entitled to receive compensation for your injuries and other damages. Depending on the severity and extent of your injuries, you may suffer both economic and non-economic losses, and your life may change permanently.
Non-economic losses are ones that are difficult to put on price on, such as pain and suffering or loss of consortium (which is a loss of your previous relationship with your family). Economic losses are ones that are easier to assign a dollar value, such as medical bills and loss of income due to missing work or losing your job.
Among other things, you may be entitled to compensation for:
In some cases, if the negligence of the company in putting a defective product on the market was particularly egregious, punitive damages may also be an option. Punitive damages are not related to any real or theoretical dollar amount that you may have suffered in losses but are awarded sometimes to punish the company for their negligence and to deter others from engaging in similar bad faith behavior.
At Lichtenstein Law Group PLC we understand that each case, each matter involving our clients, must be treated individually. Choosing a strategy that requires aggressive negotiation, immediate litigation and trial strategy, or simply time to develop are among the many decisions that require attention at the start.
Whatever the requirements of a given case, the credibility of our trial preparation works to the benefit of our clients. We believe there is no greater honor than advocating for the rights of those we represent.
If you have been injured because of a product, contact us today for a free consultation. We can evaluate your case and help determine if you have a valid product liability claim. We fight for our clients to get compensation for the injuries and damages they have suffered as a result of a company’s defective design.