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Product Liability FAQs
Product Liability FAQs

I pride myself in helping clients through their toughest times.- Bill O’Mara

Attorney at Cooper Hurley Injury Lawyers

Questions About Product Liability

Product Liability Lawyers

What is product liability?

Product liability is the area of law that requires all manufacturers to produce safe products fit for public use. Companies are required to test, design, manufacture, and ship products according to specific safety regulations, and all products must come with proper instructions and warnings. If a company fails to meet these standards and a customer is injured because of their negligence or a breach of warranty, they can be held accountable through a product liability lawsuit.

Who are the responsible parties in a product liability lawsuit?

Depending on the type of product that injured you, and the circumstances of your accident, the responsible parties in a product liability case can include:

  • The manufacturer
  • The distributor
  • The retailer
  • Anyone who has made repairs to the product

In order to determine liability, one of our Norfolk product liability lawyers will need to perform a complete investigation into your accident.

If a product is recalled, can I still file a product liability lawsuit?

A recall does not diminish a company’s responsibility to its consumers. More or less, a recall is an admission by a company that the product was defective. If you have been injured by a defective product that has been recalled, Virginia product liability attorneys John Cooper or Jim Hurley can likely help you pursue the compensation you deserve.

If the product has a disclaimer, can I still file a product liability lawsuit?

A disclaimer is not a shield against responsibility. If a product is used as intended and still results in injury, you may have a right to file a lawsuit. Warnings and proper instructions are necessary for many consumer products, but these are often insufficient to protect inexperienced users. The bottom line is: if a product causes serious personal injury, you may have a right to seek compensation.

Can I file a product liability lawsuit for an item that is old or used?

Depending on the nature of a product, manufacturers have a duty to ensure it remains safe for its expected lifetime. This varies from case to case and is often left up to the decision of a jury or judge. However, in instances where a product’s component parts are still used as intended, it is often possible to build an effective case even with old and used products.

If you have questions about product liability that you would like answered by one of our experienced product liability attorneys, please contact  Cooper Hurley Injury Lawyer today to schedule a free consultation.

We have offices in Norfolk and Virginia Beach, representing injured victims throughout Chesapeake, Portsmouth, Newport News, and the Hampton Roads area. (Please be sure to schedule an appointment before visiting our Virginia Beach location.)

John Cooper

John Cooper is a veteran of personal injury law practice in Virginia. A native Virginian, he was raised in Norfolk and Virginia Beach. He has more than 20 years of experience handling personal injury cases and recently handled the largest auto accident settlement in 2010, according to VA Lawyers Weekly. The award provided $3.5 million to a child whose young father died when the vehicle he was a passenger in was rear-ended by a careless truck driver.

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Jim Hurley

Jim Hurley has been practicing law throughout Virginia for more than two-and-a-half decades. During his career, he has tried more than 100 jury trials — a staggering number — and handled hundreds more that were settled out of court. He is guided by the principle that the client is in charge of his or her case and should be kept fully aware of the litigation process. Jim has been awarded an AV Rating by Martindale-Hubbell, the highest rating given, for his practice of law. He was named in Virginia Super Lawyers in 2014, 2015, 2016.

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Bill O’mara

Bill O’Mara started his legal career in 2008, moving back to his home town of Chesapeake, VA. He has practiced in the field of plaintiffs’ personal injury and other litigation. He has gained extensive court room and trial experience, including contested trials before judges and juries across Hampton Roads. In 2014, Mr. O’Mara joined Injury Lawyers as an associate attorney. He became a partner in 2017.

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