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Product liability law includes automobiles, workplace machinery, and more. Under Virginia law, a product must be reasonably safe for its intended purposes and for its reasonably foreseeable uses. However, products are not required to be designed or produced with features representing the ultimate in safety.
Products liability actions must be brought within two years after the plaintiff suffers the injury. Except in cases of medical malpractice or wrongful death, the statute of limitations begins to run on the minor's 18th birthday. A workers' compensation action must be filed within two years from the date of injury.
Products liability claims can be based on negligence, strict liability, or breach of warranty of fitness. This will typically depend on the jurisdiction within which the claim is based, due to the fact that there is no federal products liability law.
More than one party can be held liable for the damages caused by a defective product. Apart from the manufacturer, the designer, the wholesaler, the retailer, and the other parties in the chain of distribution can be held liable for a product liability claim.
Product liability law includes automobiles, workplace machinery, and more. Under Virginia law, a product must be reasonably safe for its intended purposes and for its reasonably foreseeable uses. However, products are not required to be designed or produced with features representing the ultimate in safety.
Common causes of product liability claims include design flaws, manufacturing errors, inadequate testing, failure to warn, recalls, counterfeit products, negligence, and failure to meet consumer expectations.
In such cases, victims can file a product liability claim against the party responsible in order to recover compensation for losses related to injuries and damage. There are three major types of product liability: manufacturing defects, designs defects, and failure to warn.
In general, an injured party must prove that the product was defective or dangerous at the time when it left the possession or control of the defendant. The seller is not liable for injuries caused by parties' mishandling or other actions that make the product harmful at the time it was consumed by the purchaser.