CHASENBOSCOLO fights to protect consumers against harmful products. You could be owed significant compensation if you or someone close to you suffered an injury due to a manufacturer, distributor, or retailer’s negligence.
Any person or company that sells a product must ensure that the product will be reasonably safe for consumers. If a product is unreasonably dangerous or defective, a consumer can easily suffer serious injuries through its use. Manufacturers are typically liable for injuries that occur as a result of dangerous or defective products. The challenge that many victims face in recovering compensation for their injuries is that the makers of most products often deny liability. They generally attribute a victim’s injuries to misuse of the product.
You have the right to seek financial benefits for the harm that has been caused to you if you or a loved one have suffered injuries from using a dangerous or defective product in Virginia. Give yourself the best chance of recovering compensation by retaining legal counsel.
CHASENBOSCOLO puts our clients first. We will work closely with you throughout your case so that all of your questions and concerns are addressed. Call (703) 538-1138 or contact us online today to schedule a free consultation with a Virginia defective products attorney.
ChasenBoscolo – Lawyers That Care
Do I Need A Defective Products Lawyer?
A defective product claim can be extremely challenging for a person to handle independently. Often, an individual attempting to file a claim with a manufacturer will be informed that they were at fault for their accident. In other words, the company will usually deny liability. In certain cases, an insurance company representing the manufacturer may contact the victim and offer them a lump-sum settlement. Many people unfamiliar with these processes assume that these offers may be the only ones they will receive and quickly accept.
In truth, the settlement offers made by most insurers are lowball amounts that are nowhere near what victims are entitled to. Our knowledgeable attorneys will be able to determine the true value of your claim. We can help you to recover the amount that you are entitled to. An attorney with experience in defective products cases can conduct their own independent investigation to review your accident and collect important evidence. Your lawyer can also determine the parties liable for your injuries.
Why Choose CHASENBOSCOLO to Handle My Case?
One of the core values of CHASENBOSCOLO is putting our clients’ needs first. We consider the people we represent to be like family. We have a team of attorneys and support staff available 24 hours a day, seven days a week. You will always get a response whenever you reach out to us.
Barry M. Chasen and Benjamin T. Boscolo received an AV Preeminent rating from Martindale-Hubbell. That is a peer rating denoting the highest level of professional excellence. Our managing partners each have over three decades of experience defending accident injury victims. At CHASENBOSCOLO we take pride in compassionately representing our clients and helping them overcome whatever obstacles they face.
CHASENBOSCOLO believes that our clients should not worry about being able to afford legal representation. That is why we offer our No Fee Guarantee.® We handle all cases on a contingency fee basis. You pay us nothing unless you receive a monetary award. At CHASENBOSCOLO, our attorneys will do whatever it takes to help you recover from your injuries and move on with your life.
Types of Defective Product Cases We Handle
A defective product claim will usually require proof that a victim’s injuries were the result of a product being unsafe when it was purchased. The types of defects involved in these cases can vary, depending on the type of product involved.
In general, many defective product claims involve one of the following:
- Design Defect — The manufacturer committed an error in the fundamental design of the product. With this type of defect, all people who purchase the product face the same danger. That means a single case could become a class action lawsuit or result in multidistrict litigation (MDL).
- Manufacturing Defect — The manufacturer committed an error in the actual manufacturing of the product. This kind of defect is much more isolated. It is usually limited to a single product within a specific batch of products.
- Failure to Warn — The manufacturer failed to warn consumers about the possible dangerous effects of the product, which were not open and obvious. A manufacturer is obligated to provide a warning about certain product uses that could endanger a person, including hazards that can seem self-explanatory.
Any consumer product can be defective. But certain items are particularly susceptible to issues. Common subjects of product liability actions include, but are not limited to, motor vehicle parts, appliances, tires, car seats, children’s toys, medical devices, pharmaceutical drugs, construction tools or equipment, and cosmetics.
Frequently Asked Questions (FAQs) About Defective Products
Your first step should be to seek medical attention when a defective product causes an accident. Do this even if you do not think you were hurt. Ensuring you did not suffer an injury involving delayed symptoms is important. It is critical to have a medical record created as soon as possible after an accident. Try to save whatever remains of a defective product after an accident. But store the product somewhere safe so it cannot harm another person. You should also try to keep any receipts or original packaging from when the product came in. Take multiple photographs of everything involved in the scene of your accident. Also, ensure you know the names and phone numbers of anyone who witnessed the accident. Contact a lawyer before you speak to an insurance company.
Virginia Code § 8.01-243. A provides that a person has two years from the date of an accident to file a lawsuit for injuries caused by a defective product. The same statute of limitations also applies to wrongful death cases. But the cause of action in such cases is the date of a person’s death instead of the date of the accident.
Most insurance companies prefer monetary settlements to trials in product liability cases because going to court can be very costly. A case that goes to trial may lead to a jury awarding a victim compensatory damages. Compensatory damages involve economic and noneconomic damages, with economic damages being tangible costs a person has incurred or will incur. Common economic damages include medical bills, lost income, and property damages. Noneconomic damages are less tangible types of harm, including pain and suffering, loss of consortium, psychological issues, and disfigurement. If it can be proven that a manufacturer acted with malice toward a consumer to show a conscious disregard for the rights of the victim, punitive damages (also known as exemplary damages) may be awarded. Virginia Code § 8.01-38.1 limits (or “caps”) punitive damages to $350,000.
Defective Product Statistics
The Consumer Product Safety Commission (CPSC) publishes numerous statistics relating to injuries and deaths from dangerous and defective consumer products. Not all reported injuries are necessarily caused by these products, but the products were involved in these injury incidents.
The CPSC recently reported the following:
- There were 180,953 people treated for toy-related injuries in U.S. hospitals in 2022.
- Of those people, 174,135 (96.2 percent) were treated and released, and 6,818 (3.8 percent) were hospitalized or pronounced dead on arrival.
- There were 208,257 injuries associated with playground equipment that year.
- There were also 94,358 reported injuries associated with nursery equipment.
According to the National Safety Council, 12.7 million people required emergency treatment for injuries resulting from consumer products in 2022. Most of these injuries affect vulnerable individuals like children and older adults.
The top three categories of products associated with consumer injuries in 2022 included the following:
- Stairs, Ramps, Landings, and Floors: 2.9 million total injuries in 2022
- Beds, Pillows, and Mattresses: 906,000 total injuries in 2022
- Chairs, Sofas, and Sofa Beds: 597,000 total injuries in 2022
The top categories of products that caused the most injuries among children four and younger were soaps and detergents, television sets and stands, and cooking ranges and ovens. Products in these categories harmed 13,171, 6,388, and 8,305 children in the four and under age range, respectively.
Contact a Defective Products Attorney in Virginia
If you or a loved one have sustained injuries from a dangerous or defective product in Virginia, we at CHASENBOSCOLO are here to hold the responsible party accountable. With more than 30 years of experience helping people just like you in Virginia, we have the skills and resources you need on your side.
Worried about how you’ll afford our services? Don’t be. Our No Fee Guarantee means that you won’t pay anything until we win or settle your case.
The attorneys at CHASENBOSCOLO are dedicated to helping you get justice. Our lawyers will review your case details free of charge when you call (703) 538-1138 or contact us online today to set up an initial consultation.
