A Virginia product liability claim is a claim against the manufacturer, distributor or seller of a product that was unreasonably dangerous when it left their hands and injured someone using it as intended or in a foreseeable way. In Virginia, these claims are built on negligence and on breach of warranty, not on strict liability.
Blank Kim Injury Law represents people across Northern Virginia hurt by defective vehicles and parts, household products, tools, e-bikes and scooters, children’s products and other consumer goods. Attorneys Aaron Blank and Robert Kim work from our Fairfax office on Chain Bridge Road. Robert Kim speaks Korean, and our paralegal team speaks Spanish.
Why Virginia product cases are different
In most states, a person hurt by a defective product can recover by showing the product was defective, without proving anyone was careless. Virginia does not recognize strict liability in tort for defective products. A claim here generally proceeds on one or both of two theories.
Negligence
A negligence claim shows that the manufacturer or seller failed to use reasonable care in designing, making, inspecting or warning about the product, and that the failure caused the injury. The evidence is usually engineering: design documents, testing, industry practices, complaints and what safer alternatives existed.
Breach of warranty
Virginia’s version of the Uniform Commercial Code includes an implied warranty of merchantability, Va. Code § 8.2-314: a product sold by a merchant must be fit for the ordinary purposes it is used for. A product that fails in ordinary use may breach that warranty. For personal injury, you do not need to have bought the product directly from the defendant, because Virginia does not require that contractual link, called privity, under Va. Code § 8.2-318. A family member or a coworker hurt by the product can bring a claim too.
Warranty and negligence claims have their own requirements and defenses, and the right strategy depends on the product and the evidence. We check which theories fit your injury.
The three kinds of product defects
| Type of defect | What it means | Example |
|---|---|---|
| Design defect | Every unit is dangerous because of how the product was designed | A space heater that tips easily and has no automatic shutoff |
| Manufacturing defect | One unit or batch differs from the design and is dangerous | A bicycle fork with a flawed weld that snaps on a ride |
| Warning or instruction defect | The product lacks adequate warnings or directions about a risk that is not obvious | A pressure cooker whose lid can be opened while pressurized, with no clear warning |
A single case can involve more than one type. The product’s design history, recall notices and complaints from other users often show which applies.
Defective products that cause serious injuries
Our product cases come from every part of daily life in Northern Virginia, from commutes on I-66 to kitchens in Annandale apartments. They include:
- Vehicle defects: airbags, seat belts, tires, brakes, roof crush and fuel system fires
- E-bikes, electric scooters and hoverboards with battery fires or frame failures. See e-scooter accident claims.
- Lithium-ion batteries in phones, laptops and chargers that overheat and cause burn injuries or apartment fires
- Pressure cookers, space heaters and other household appliances
- Power tools and machinery without proper guards, a common cause of hand injuries and amputations
- Gas appliances and fittings behind gas explosions and carbon monoxide poisoning
- Children’s products such as cribs, car seats and toys with choking hazards
- Elevators and escalators with faulty parts. See elevator and escalator accidents.
Injuries from asbestos products involve their own rules and are covered on our asbestos and mesothelioma page.
What to do if a product injured you
- Keep the product. Do not throw it away, repair it or return it to the store. The product itself is often the most important evidence in the case.
- Keep the packaging, manual, receipt and any order confirmation or serial number.
- Photograph the product, where it was used and your injuries.
- Do not send the product to the manufacturer, even if the company asks for it or offers a replacement. Talk to a lawyer first.
- Get medical care and keep your records.
- Check whether the product has been recalled. Vehicle recalls can be searched at NHTSA’s recall site.
A recall is helpful evidence, but it is not required for a claim, and many dangerous products are never recalled. Start a free case review before anyone else handles the product.
When a defective product injures you at work
Workers’ compensation is generally the only remedy against your employer in Virginia, under Va. Code § 65.2-307. But the manufacturer of a defective machine, ladder, scaffold or forklift is not your employer, and a claim against a negligent third party can be brought separately under Va. Code § 65.2-309.
That third party claim can include losses that workers’ compensation does not pay, such as pain and suffering. We coordinate it with your comp claim. See our pages on workers’ compensation, forklift accidents and construction accidents.
Compensation and filing deadlines
No page can tell you what a product claim is worth. In general, a claim can seek compensation for medical care, lost income, pain and suffering, scarring and disability. Where a company knew of a danger and acted with willful and wanton disregard for safety, punitive damages may be sought, capped at $350,000 under Va. Code § 8.01-38.1.
Virginia generally allows two years from the injury to file a personal injury lawsuit, under Va. Code § 8.01-243(A). Warranty claims can involve additional timing questions. Product cases take time to investigate, so the earlier we start, the better. Read our guide to Virginia filing deadlines.
How our Virginia product liability lawyers build a case
- Free case review. Tell us what happened by phone or through the form on this page. There is no obligation to hire us.
- Securing the product. We arrange safe storage of the product and document its condition before any testing.
- Technical investigation. We work with engineers and other qualified expert witnesses who can examine the product and the design.
- Finding every responsible party. The manufacturer, component makers, distributors and sellers can each play a role.
- Litigation. Product cases often go to court, and many are litigated against large companies with national defense counsel. We can file in the right state or federal court.
You can talk with our team in English, Korean or Spanish, by phone or at our Fairfax office by appointment.
