When we purchase a product, we expect it to do what the company claims. From knives and cutlery to food storage, to large appliances, sewing machines, furniture, baby items, motor vehicles, heavy equipment, medicines, and medical devices, we don’t expect problems. Yet all types of consumer and other products have the potential to cause injuries.
Many products include an inherent potential for injury, such as a knife, vegetable slicer, or other item designed for cutting. It’s one thing when a person misuses a product and injures themselves. But when someone uses a product as directed by the manufacturer’s directions and becomes injured, this may fall under West Virginia’s product liability laws.
What Is Product Liability?
There are three types of Product Liability Lawsuits under West Virginia’s liability laws:
• Strict Liability Principle—A plaintiff must prove that using the product as intended or in a way that is reasonably foreseeable directly led to your injuries due to its existing defects.
• Negligence—when the manufacturer fails to ensure the product’s design and/or manufacturing produces a product that’s safe to use
• Breach of warranty—it’s assumed that a manufacturer, seller, or retailer attests to the safety of a product. If the product is defective and injures a person, this may be a breach of either the express or implied warranty.
Companies that manufacture, produce, or promote products that are defective, unsafe, or fail to meet established safety standards can be held responsible for any injuries resulting from these products. Individuals who have sustained injuries due to such products may be entitled to pursue legal remedies under relevant laws for product liability claims.
Case Study: The Ninja Blender
Ninja products are some of the hottest-selling kitchen appliances in recent years. Unfortunately, Many Ninja blenders are dangerous, and have a history of bursting and exploding, causing serious injuries to users. Ninja’s blenders are so highly powered that they explode during normal use, sending blades, plastic, and other parts flying at a high velocity. The company has repeatedly issued recalls to consumers.
In 2021, a woman sued SharkNinja, the parent company of the highly powered Nutri Ninja BL480 after the canister blew off and the sharp blades mangled three of her fingers. In her lawsuit, the woman alleged that the blender was highly pressured, and the threads that hold the canister in place were defective. The blender’s blades weren’t secured to the base and continued spinning when the canister flew off, seriously injuring her hand.
Another woman in California experienced an exploding Ninja blender while her elderly mother was using it correctly. This blender was a different model and sprayed plastic shrapnel against the wall, but no one was injured.
If You Are Injured
Your first step is to get immediate medical attention for your injuries. Take pictures and gather other evidence to document the injuries in the accident. Keep the defective product as is and discuss its disposition with your personal injury attorney.
The next step is to contact a West Virginia personal injury attorney to begin your case immediately. You have a limited amount of time to begin product liability claims, and an attorney can begin investigating and preserving the evidence.
The Love Law Firm Can Help With Your Personal Injury Case
We’ve been helping West Virginians for over 25 years with all types of personal injuries. If you’ve been injured by a product, you may be entitled to compensation for your injuries.
If you’ve been injured by a defective product and need help, contact us at The Love Law Firm, or call us at (304) 344 5683. Your consultation is free, and we only collect if we win your case.
