Understanding Product Liability Claims

If you have been injured by a defective product, you may be entitled to compensation. But if you want to secure maximum compensation, there are some things you need to know.


Evidence is vitally important in product liability claims. While most personal injury cases require proof of negligence or fault, product liability cases differ. Determining negligence is not important – determining defectiveness is. This means that companies can be held responsible for defective products that make their way into the hands of consumers even if quality assurance processes are in place.

These are some items you may wish to compile:

  • The defective product that caused your injury
  • The receipt of purchase
  • Instructions or warranty information that came with the product
  • The medical records for the injuries caused by the product
  • Records of any property damage or missed work caused by the product

Types of Products

While manufacturers can be held responsible for any defective product that has harmed a consumer, some of the most common cases involve:

  • Automobile parts
  • Prescription medication
  • Recalled products
  • Medical devices

Statute of Limitations

The state of Virginia allows you to file a product liability claim within two years of the injury. However, it is in your best interest to act sooner rather than later. Supplying the necessary evidence to prove the defectiveness of the product years later may be difficult to do. Depending on the seriousness of your injury, you may face serious financial consequences for not getting the compensation you deserve. Don’t let your claim collect dust. If you have been injured by a defective product, the time to act is now.

The proven Lynchburg personal injury attorneys at Randall J. Trost, P.C. have a successful track record in product liability cases. Since 1982, the firm has taken on major companies – including automobile and pharmaceutical manufacturers – whose products have caused serious harm to consumers. Begin with your free case evaluation by calling (434) 738-2300 today!