If you or a loved one ha sbeen injured by a defective product or as a result of a product malfunction, you may be eligible to file a damages lawsuit and be compensated for the injuries and/or property damage that you may have sustained.
The licensed team of lawyers at Geoff McDonald & Associates have been fighting for the rights of defective product injury victims throughout Virginia for over two decades and have recovered over $400 million in compensation for our clients. Founder Geoff McDonald is also a member of the National Trial Lawyers - Top 100, which is an organization that recognizes the leading trial lawyers from each state.
Contact Geoff McDonald & Associates’ Richmond defective product lawyers to discuss your injury and find out how we may be able to assist you. We offer a no-cost evaluation of your claim and you pay nothing unless we recover fair compensation on your behalf.
How Do I Prove If I Have a Defective Product Case?
Proving you were injured by a defective product can be difficult without the help of an experienced lawyer. An attorney can determine the legal theories that may apply to your case.
There are three legal theories that are commonly used to prove manufacturers or other parties are liable for a victim’s injuries:
This is the most commonly used theory in defective product injury claims. In order to use this theory, you or your lawyer must prove that the product is defective and caused you to sustain an injury. What makes this theory unique, is that you do not have to prove the at-fault party was negligent.
To validate a strict liability claim, you or your lawyer need to prove:
- The product you used had an unreasonably dangerous defect that caused you harm.
- You used the product in the way it was intended to be used when you sustained the injury.
- The product was not significantly altered from its original condition after you bought it.
- Your claim is against a manufacturer, designer or distributor who commonly sells this as a part of their business.
In order to prove negligence by the manufacturer was the cause of your injury, you or your lawyer will need to prove the following four elements:
- Duty of care – The at-fault party owed you a duty of care to make sure the product is safe and reliable.
- Breached duty of care – The duty of care was not upheld due to careless action or lack of action.
- Causation – You or your lawyer must be able to prove that there is a direct link between the defective product and your injury. This is often the most difficult element to prove, which is why you should contact an experienced Richmond defective product lawyer.
- Damages sustained – You sustained damages due to the at-fault party’s negligence, such as medical expenses, property damage or loss of income.
Breach of Warranty
There are commonly two types of warranties that a business can give when selling a product. An express warranty is usually clearly stated on the packaging or on a printed document inside the packaging and it usually indicates how long the product should last. An implied warranty is an understanding between the manufacturer and consumer that the product is safe, if used for its intended purposes.
Whichever warranty applies to your case, the manufacturer could be held liable for your damages. Our goal at Geoff McDonald & Associates is to help guide you through the legal process and win fair compensation for your case, so you can focus on recovering from your injuries.
How Much Compensation Can I Receive?
Determining the amount of compensation you may be eligible to receive depends on the details of your defective product claim. If our lawyers determine that you have a valid case, you may be able to receive compensation based on:
- Economic damages are losses suffered by the victim that have a monetary value and can be calculated, such as medical bills, lost wages or property damage.
- Non-economic damages are subjective losses sustained by the victim that are not as easy to calculate. Some non-economic damages include emotional distress, pain and suffering or loss of enjoyment of life.
- Punitive damages can be additional damages awarded if the court determines the at-fault party’s actions were reckless or done with malicious intent. These damages are meant to punish the at-fault party and deter others from engaging in the same behavior.
If you have any questions about how much compensation you may be eligible for, contact our Richmond defective product attorneys at Geoff McDonald and Associates. We are here to help you pursue the maximum compensation available so you can obtain the treatment you need to try to move forward with your life.
Call us anytime 24/7 at Ph: (866) 369-9051.
Common Liable Parties for Defective Products
Multiple parties may be involved with the design, creation and distribution of the product. Some of the at-fault parties might include:
- The manufacturer
- The parts or components manufacturer
- The distributor
- The supplier
- The wholesaler
- The retailer
- The product installation or assembly company
If you have a valid case, our lawyers are prepared to hold all at-fault parties liable for your damages.
Learn more about who may be held liable for your defective product case during a 100 percent free consultation with our experienced team of legal professionals at Geoff McDonald & Associates.
Common Types of Product Defects Known to Cause Injuries
There are three types of product defects that can lead to injuries:
- Design defect – These defects make products inherently dangerous. Victims of a defectively designed product must prove the manufacturer knew about the problem, knew it could be dangerous and cause injury, and it would have still been cost-effective to use another design.
- Manufacturing defect – When the design is not the issue and the defect was created while the product was being made, it is known as a manufacturing defect. Sometimes using poor materials or faulty machines at the production facility can create this problem.
- Marketing defect – This is usually due to a lack of proper instructions or warnings on how to properly use the product. Companies have a legal obligation to warn potential customers of any dangers, risks or possible side effects that may occur when using their products.
While these may be the most common types of defects, there are some instances where the product could have been damaged or altered by distributors, retailers or wholesalers. If this is the case, then they may be held liable.
Determining the exact cause of the defect could be a difficult task. Our Richmond defective product lawyers are experienced in doing so. If necessary, we have access to industry experts to assist us.
Have Questions? Ph: (866) 369-9051.
Common Defective Products Known to Cause Harm
Injuries and illnesses can be the result of many different types of defective products, such as:
- Prescription drugs
- Specialized medical devices
- Children’s toys
- Common cleaning products
- Household goods and appliances
- Motor vehicles
- Automotive parts
- Power tools
- Industrial products
If you or a loved one was injured by these or any other defective products, we highly recommend contacting a Richmond defective product attorney.
Ways a Lawyer May be Able to Help
There are many benefits to hiring a lawyer when you are pursuing compensation in a defective products case. Personal injury victims who hire an attorney usually obtain more compensation than those who do not.
If you have a case, our lawyers are prepared to help investigate the defective product, the history of the manufacturer and any other parties that may be held liable. We can help collect evidence and link it to your medical records to help validate your claim.
We can also communicate with insurance companies on your behalf to protect the value of your claim. We know the tricks they employ to attempt to discredit victims or devalue claims.
Contact a Richmond Defective Product Lawyer Today
Defective product cases can be difficult to resolve because there may be multiple parties involved with the design, creation and distribution of the product. At Geoff McDonald & Associates, we are prepared to hold all at-fault parties liable for their negligence and pursue the maximum compensation available.
Our firm has been helping defend the rights of injury victims for over two decades throughout Northern, Central and Southern Virginia including Hampton Roads, Shenandoah Valley, Chesapeake Bay, Blue Ridge Highlands, the Eastern Shore and the Heart of the Appalachia areas.
Our main office is located in Richmond at 8720 Stony Point Parkway, Suite #250, which is just down the road from the VCU Health Orthopedics Center.
Our Richmond defective product lawyers operate on a contingency fee basis, meaning you pay no fees upfront. We only get paid when we win fair compensation for your case.
Schedule a free consultation today by calling (866) 369-9051.