West Virginia Product Defect Lawyers
West Virginia consumers have a right to expect that the products they buy are reasonably safe for their intended use. Our workers have the right to use tools and machinery that are free from dangerous defects. Unfortunately, too many people are injured every year by defective products that should never have made it onto the market.
Kaufman & McPherson has the experience and resources to prosecute a defective products case against major corporations. When we undertake your case, we pledge to give you the personal attention you deserve and to pursue the maximum amount of compensation possible. You can trust our determined attorneys to manage cases related to:
- Design defects — A design defect is a problem in the planning stages of a product that makes it unreasonably unsafe for its intended use. An example of a design defect would be a crib with slats spaced far enough apart to trap a baby’s head.
- Manufacturing defects — A manufacturing flaw is introduced into the product during the building process, often because the manufacturer uses substandard materials or shoddy processes. An example would be children’s toys that are made with toxic materials.
- Failure to provide adequate warnings — Also known as a labeling defect, this problem pertains to inherently dangerous products that are only safe when used in a prescribed manner. If a reasonable person could foresee a consumer misusing the product in a way likely to cause harm, the producer has a duty to warn against that type of foreseeable misuse. For example, if a power tool has a safety guard that can be removed for cleaning, the label should clearly warn against using the tool without replacing the safety guard. Similarly, a drug that causes drowsiness should carry a warning to the consumer not to drink alcohol while taking the drug and to avoid driving or using heavy machinery.
When we meet with you, our goal is to understand the details of your case thoroughly. By creating an open dialogue, we can gather the facts needed to conduct a thorough investigation and vigorously pursue your personal injury or wrongful death case. We pride ourselves on the ability to personally invest ourselves in the outcome of every case.
Your Right to Sue for Damages is Time-Limited
The statute of limitations for defective product lawsuits is two years from the date of the injury or from the time when a reasonable victim should have known about the injury. The second point is important for products, such as dangerous prescription drugs, that cause latent injuries that go undiscovered for many years.
Injured parties who want to sue over construction defects must also be aware of the statute of repose, §55-2-6a of the West Virginia Code, which limits the period of time for which a person can sue over a defective improvement to real property. For example, if you hired a contractor to build a deck and it collapsed, causing bodily injury, that accident would have to have happened within ten years of the completion of the work.
Contact Our Determined Defective Medical Device Lawyers in West Virginia Today for a Free Consultation
If you have been injured by a defective product, Kaufman & McPherson, PLLC is here to help. To schedule a free consultation, call us at 304-842-4300 or contact us online. We also offer home and hospital visits in Bridgeport, Clarksburg, and throughout West Virginia for those who are injured and cannot travel.