Grounds for bringing a product liability claim in West Virginia

On Behalf of | Jul 7, 2023 | Product Liability |

As consumers, we put a certain level of trust in manufacturers and sellers that the products they put out in the market are safe and will work their function as expected. However, there are cases when a product turns out to be defective and causes injury to a customer. Fortunately, victims can file personal injury lawsuits due to product defects.

Every state applies a different liability theory in product liability cases. In West Virginia, a claimant can file an action against a product manufacturer or seller on either one of the following grounds:

Strict liability

Under the strict liability theory, the victim can hold a manufacturer liable for a defect or hazard of a product even if they were not negligent during the production of the product. The lawsuit is based on the nature of the product itself and not the manufacturing process.


Manufacturers have to meet a standard of care when producing products. They have to meticulously follow the design and ensure the product is safe for distribution. However, if they incorrectly build a product and it becomes dangerous to use, they can be liable if the item is sent out to the market and causes injury to a consumer. This also applies to designers who sent defective designs to manufacturers. Even if the manufacturer perfectly copies the design, if the design is defective and dangerous, the designer can be responsible for injuries resulting from the design.

Breach of warranty

Manufacturers and sellers are responsible for express and implied warranties that turn out to be false or inaccurate. Express warranties are statements about the product’s usability and capability. Implied warranties, on the other hand, refer to the merchantability of the product. Since consumers rely on these assurances, any breach thereof can give rise to a product liability lawsuit.

A product liability case is a tough battle. A victim needs to establish a solid case. This is possible through understanding the applicable laws, gathering all relevant documents and evidence, and working with an experienced legal professional.