“Roads? Where we’re going, we don’t need roads,” said famously by Doc Brown. Well, you may not need a road, but you may need a chiropractor after using a hoverboard. These devices were a popular gift during the 2015 holiday season, but quickly gained infamy as being extremely dangerous and proverbial “injury magnets.”
In fact, the U.S. Consumer Product Safety Commission (CPSC) reported nearly 30 emergency-room injuries related to hoverboards since August 2015. Hoverboard injuries include fractures, strains, sprains, contusions, lacerations, and head injuries.
Mike Tyson knows what we’re talking about:
If you or a loved one was seriously injured while operating a hoverboard, you may have the basis for a product liability claim against the manufacturer. Emily Mapp Brannon is an experienced product liability lawyer well versed in this area of complex law.
Virginia Product Liability Law
Product liability law focuses on products marketed for sale or lease which cause harm and that harm was a result of a defect in the quality or performance of the product. If you or a loved one was seriously hurt by a defective product, an injury claim could be filed against anyone in the marketing chain, from the manufacturer to the retailer.
Virginia adheres to a broad definition of the term “defect.” A defective product is one that, as produced, is unreasonably dangerous for its intended use or for reasonably foreseeable uses.
This broad definition incorporates a “fault” standard similar to a claim filed for negligent conduct. Negligence involves doing something, or not doing something, which a person (or manufacturer) of ordinary prudence would not do under the same or similar circumstances. For example, a manufacturer could be found liable under a negligence theory if it failed to maintain machines or equipment which make the product’s parts, or by failing to reasonably anticipate the likely uses of the product.
Statute of Limitations for a Product Liability Claim in Virginia
In Virginia, you have up to two years to file a product liability lawsuit after you suffered an injury from a defective product. This time limit is strictly adhered to in Virginia courts. That means if you try to file a product liability claim three years after the accident that caused your injury, your case could very well be thrown out of court.
Time to Take Action – Contact Emily Today
There are numerous complex laws involved with Virginia product liability cases. Due to the complexities of this area of law, it is important that you hire an experienced Virginia product liability lawyer like Emily. She is experienced and knowledgeable in Virginia product liability law and will work tirelessly to ensure that you or your loved one is properly compensated. Contact her to set up a time for a free consultation.