West Virginia residents who have been injured as the result of product defects can sue manufacturers for damages, no matter how small or large the company. Manufacturers are responsible for making safe products and they are required by law to compensate victims of their faulty products if they are shown to be negligent in any way. Although every case is certainly unique, most product defect cases can be classified into one of three groups: design defects, manufacturing defects or marketing defects.
Design defects are those that cause injury due to faulty planning in the actual creation of the product (i.e. a table with only three legs would be unstable by design). Manufacturing defects are those that cause injury due to unintended faults in construction (i.e. a table with four legs but one is not attached properly). Marketing defects are those that cause injury due to the way the product was sold. This can include a lack of or inadequate warnings and proper usage instructions.
Product defects can occur in most retail items, including mattresses, appliances, sporting goods, electronics and toys. As a matter of fact, the U.S. Consumer Product Safety Commission reports that in 2008, there were 19 toy-related deaths and around 172,000 hospital emergency room visits due to toy-related injuries in the United States alone. Children under the age of five sustained almost half of these injuries.
A personal injury lawyer will work with you to determine the details of your case, including how the injury occurred, the severity of the injury, what exactly went wrong with the product and which manufacturer is responsible (in cases where multiple companies assembled a product). A lawyer may even bring in an expert witness to testify as to the stability or construction of the product to bolster the facts of your case.