Product Liability

Under Virginia tort law, there is no strict liability. Recovery for product related injuries or property damage turns on proving that the product, as designed, manufactured, or labeled, is unreasonably dangerous for its reasonably foreseeable uses. Liability for unreasonably dangerous products may be based on multiple legal theories. Most product liability cases in Virginia are…

The Consumer Product Safety Commission (CPSC) has issued a serious warning to consumers regarding nursing pillows, lounging pads, and related products. According to the CPSC, they pose a significant suffocation hazard to infants and older babies. These products are safe for use when babies are awake, but a number of children have tragically died after…

Does Amazon bear liability when a product from its website causes injury to a consumer? This question has been debated for some time now in the courts, involving the responsibility Amazon carries, if any, when it offers products on its website on behalf of third-party sellers. The California Court of Appeal recently answered this question…

Electric bicycles are popular around the world. Millions of people around the world own an electric bike. Electric bikes cost $1,000 or more. An electric bike is powered by rechargeable lithium batteries. Riders use the electric motor to power them through hills, headwinds, or fatigue. These bikes can also travel as far as 60 miles…

With the warmer weather emerging, people are getting out and on their bikes for fresh air and exercise. However, when bicycle components fail, serious injuries can occur. Bike components commonly malfunction due to design or manufacturing defects, which are typically referred to as “product liability.” Component failures on bicycles can include problems with wheels, forks,…

Numerous lawsuits are being brought throughout the country against the manufacturers and distributors of opioids. The drug makers are being accused of using aggressive and false marketing campaigns to promote the effectiveness of opioids for pain relief, while minimizing the dangers of opioid addiction and overdoses. Distributors are being accused of failing to monitor and…

Parents have the right to expect that the products they buy for their children won’t be hazardous to their children’s health. Products for children should be specifically designed and manufactured with the size, weight, and developmental abilities of the child in mind. When defective products cause deaths, those who placed profit before safety should be…