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West Virginia Products Liability Lawyer Advocates for Your Rights
Mountaineer Criminal Law group Helping Those Affected by Defective Products
Companies have an obligation to ensure that the products they create and market function as intended, especially when a defect may result in serious injuries or illnesses. When a defective product causes harm, the company responsible can be held liable for the consequences. Sometimes, these scenarios involve large numbers of victims where mass tort litigation may be the best way to address both group-wide issues and individual claims. At Mountaineer Criminal Law Group in West Virginia our experienced legal team handles a variety of product liability cases, including complex mass tort lawsuits. We are committed to advocating for the compensation you deserve based on your specific circumstances.
Products Frequently Linked to Injury Claims
A broad range of items has been found to contain dangerous defects after being widely used by consumers, workers, patients, and even members of the Armed Forces. Some examples include:
Talcum Powder
Johnson & Johnson’s talcum powder, once commonly found in American households, has been linked to ovarian cancer. The company failed to warn customers of this risk, which has led to significant harm for many individuals.
Baby Formula
Major baby formula brands such as Abbott Laboratories (maker of Similac) and Mead Johnson (manufacturer of Enfamil) are facing lawsuits due to premature infants developing a serious intestinal condition known as Necrotizing Enterocolitis (NEC) after consuming their products.
Military Earplugs
3M issued earplugs to American soldiers in combat zones to protect against the loud noises of warfare. Unfortunately, these earplugs failed to work as intended, causing hearing loss, tinnitus, and other auditory issues for military personnel.
Hernia Mesh
Defective hernia mesh products made by manufacturers such as CR Bard have caused severe pain and complications for patients, often necessitating additional surgeries to address the harm caused by the initial implants.
CPAP Machines
Continuous Positive Airway Pressure (CPAP) machines manufactured by Philips contained toxic insulation materials. This defect not only led to a recall but also forced some users to risk complications associated with untreated sleep apnea due to the machines’ dangers.
Hair Straightening Products
Chemicals found in hair straightening products from companies such as L’Oreal and Namaste Laboratories have been identified as potential triggers for uterine cancer and other severe medical conditions.
Weed Killer
Products like Roundup and Paraquat, commonly found in homes, have raised safety concerns. Roundup has been linked to Non-Hodgkin’s Lymphoma, while Paraquat exposure has been associated with Parkinson’s Disease.
IVC Filters
Intended to prevent deadly blood clots from reaching the lungs, IVC filters have often failed and caused newer health problems due to their rupturing or migrating from the implantation site.
For any of these products or others with dangerous defects, Mountaineer Criminal Law Group offers strong, informed advocacy to hold large corporations accountable.
Fault and Causation in Defective Product Cases
Proving that a company is liable for the injuries caused by its product can be challenging. Often, expert testimony is crucial to establish how negligence led to your injury. At Mountaineer Criminal Law Group, we work with a trusted network of subject matter experts who can thoroughly evaluate your situation and provide the testimony necessary to strengthen your claim.
Strict Liability vs. Negligence in Product Liability Cases
Legal standards for product liability cases can differ depending on the claim. Some lawsuits are governed by strict liability, meaning that the plaintiff only needs to demonstrate that the defect in the product caused their injury. This includes issues tied to defective design, manufacturing errors, or inadequate labeling of hazards. Strict liability does not require proof that the company acted negligently.
However, in some cases, negligence must be established. For example, if a product does not inherently have dangerous defects, the plaintiff must prove that the company failed to exercise reasonable care in protecting consumers. Understanding which legal standard applies is crucial, and our team carefully evaluates each case to determine the best approach for seeking compensation.
Compensation Available in Product Liability Cases
West Virginia residents injured by defective products may be eligible for a range of damages. Compensation typically falls into two categories:
- Economic Damages: These cover tangible expenses related to your injury, such as medical bills, lost wages, and the cost of rehabilitation.
- Non-Economic Damages: These address the non-monetary impacts of an injury, including pain and suffering and diminished quality of life.
Mountaineer Criminal Law Group works diligently to maximize appropriate compensation for all damages in your case.
Contact a Trusted West Virginia Product Liability Lawyer for a Free Consultation
If you or someone you love has been harmed by a defective product, Mountaineer Criminal Law Group is here to help. Our legal team is proud to serve clients across West Virginia and West Virginia, offering aggressive legal representation and personalized guidance throughout the process.
Call us at 304-202-5835 or fill out the contact form on our website today to schedule your free consultation.
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