When a defective product causes injury, the consequences can be devastating. If you or a loved one has been harmed by a defective product in Charleston, West Virginia, our dedicated products liability lawyers are here to help you seek justice and secure the compensation you deserve. Call (304) 720-6700 or message us online to arrange a free consultation today.
Why Choose Us?
At Tiano O’Dell, we pride ourselves on integrity, commitment to our community, and achieving exceptional results for our clients.
- Proven Track Record: Founders William Tiano and Tony O’Dell have been named Top 100 Trial Lawyers and West Virginia Super Lawyers, reflecting our commitment to excellence.
- Unwavering Commitment: We believe in holding individuals and corporations accountable for negligence, sending a clear message that unsafe conduct will not be tolerated.
- Respected by Peers: Fellow attorneys and judges trust us to handle complex cases, often referring clients to our firm for our legal skill and dedication.
Types of Claims We Handle
We represent clients in a wide range of product liability cases, including but not limited to:
- Defective Medical Devices: Faulty implants, surgical tools, or medical equipment causing injuries or complications.
- Dangerous Pharmaceuticals: Prescription drugs with undisclosed side effects or manufacturing defects.
- Unsafe Vehicles: Cars, trucks, or motorcycles with defective brakes, airbags, or tires. Defectively designed SUVs with an increased risk of rollovers.
- Toys and Children’s Products: Items with choking hazards, toxic materials, or unsafe designs.
- Food Contamination: Cases involving foodborne illnesses, undeclared allergens, or foreign objects in food.
- Faulty Machinery and Tools: Industrial equipment or power tools with design or manufacturing flaws.
If a defective product has caused you harm, we can help you hold the responsible parties accountable.
Product Liability Laws in West Virginia
West Virginia’s product liability laws protect consumers by holding manufacturers and sellers accountable for defective products. Key provisions include:
Limitation on Products Liability Actions; Innocent Seller (§55-7-31):
- Definition of Product Liability Action:
“‘Product liability action’ means any civil action brought against a manufacturer or seller of a product, based in whole or in part on the doctrine of strict liability in tort, for or on account of personal injury, death or property damage caused by or resulting from…” - Limitations on Actions Against Sellers:
“No product liability action shall be maintained against a seller, unless:
(1) The seller had actual knowledge of the defect in the product that was a proximate cause of the harm for which recovery is sought;
(2) The seller exercised substantial control over the aspect of the manufacture, construction, design, formula, installation, preparation, assembly, testing, labeling, warnings or instructions of the product that was a proximate cause of the harm for which recovery is sought;…”
This statute emphasizes that manufacturers are typically the primary party responsible for product defects, but sellers can also be held liable under certain conditions.
Choice of Law in Product Liability Actions (§55-8-16)
When a product causes harm in West Virginia, this statute ensures that West Virginia’s strict liability and comparative fault rules govern the claim, even if a product was designed in another state. Strict liability ensures that injured consumers can recover damages without needing to prove negligence.
Comparative Fault Standard (§55-7-13a)
West Virginia follows a modified comparative fault standard, allowing plaintiffs to recover damages provided their fault does not equal or exceed the combined fault of other parties involved.
In a products liability claim, this means:
- A plaintiff can still recover compensation even if they share some fault, as long as their fault is less than 50%.
- The compensation is reduced by the plaintiff’s percentage of fault.
For example, if a plaintiff is found 20% at fault and the total damages are $100,000, they can recover $80,000.
Statute of Limitations
Product liability claims must be filed within two years of the injury (§ 55-2-12). Failing to act within this timeframe may bar recovery.
How a Charleston, WV Product Liability Lawyer Can Help
Pursuing a product liability claim requires thorough investigation, legal knowledge, and strategic advocacy. A Charleston product liability lawyer can provide critical support by:
- Identifying Liable Parties: Determining whether the defect occurred during design, manufacturing, or distribution and holding all responsible parties accountable.
- Building a Strong Case: Gathering evidence such as product samples, medical records, expert testimony, and recall notices to support your claim.
- Calculating Damages: Assessing the full extent of your losses, including medical expenses, lost wages, pain and suffering, and future care needs.
- Handling Insurance Companies: Negotiating with insurers to secure fair compensation and protecting you from lowball settlement offers.
- Representing You in Court: If a settlement cannot be reached, we will litigate aggressively on your behalf to achieve the best possible outcome.
A product liability attorney in Charleston, WV will handle all legal complexities so you can focus on recovery.
Contact Us Today
If you or a loved one has been injured by a defective product in Charleston, West Virginia, contact Tiano O’Dell today by calling (304) 720-6700 or messaging us online