Virginia Beach Defective Products Lawyer

A Reputation For Success

Product liability litigation is among the most resource-intensive work in personal injury law. Building a winning case typically requires engineering experts, medical specialists, and the willingness to go to trial against defendants who rarely settle without a fight.

At Kalfus & Nachman PC, we have recovered over $1 billion for clients, including results in defective product, industrial accident, and serious injury cases:

• $10.9 Million Settlement — Two-year-old suffered a skull fracture and traumatic brain injury after falling through a defective balcony railing in Norfolk; left with permanent cognitive, behavioral, and motor deficits
• $2.15 Million Settlement — Client sustained multiple severe orthopedic injuries when an above-ground liquid storage tank ruptured and steel debris, including a metal stairway, landed on him
• $317,500 Settlement — Passenger on a jet boat suffered a back injury when the seat broke away from its base due to component failure after the boat hit a wake

See more of our results.

Three Ways a Product Can Give Rise to a Liability Claim

Not every injury caused by a product supports a legal claim, and not every product liability claim is built the same way. Virginia recognizes three distinct theories under which an injured person may pursue compensation from a manufacturer, distributor, or seller.

• Manufacturing defects occur when a product was designed correctly but something went wrong during the production process. The specific unit that caused the injury deviated from the intended design in a way that made it dangerous. The jet boat seat failure in the result above is an example of this type of claim.
• Design defects involve a product that was built exactly as intended but the design itself was unreasonably dangerous. Every unit of that product carries the same flaw, which often means a single design defect case has implications for a much larger number of consumers.
• Failure to warn claims arise when a product carries risks that are not obvious to a reasonable user and the manufacturer failed to provide adequate instructions or warnings. Even a product that is properly designed and manufactured can give rise to liability if consumers are not adequately informed about how to use it safely.

Understanding which theory applies, and whether more than one applies, shapes how the case is investigated and presented.

Who Can Be Held Liable in a Product Liability Case?

Liability in a defective product case is not limited to the company that manufactured the product. Virginia law allows injured consumers to pursue claims against multiple parties in the distribution chain, including:

• The manufacturer of the finished product
• A manufacturer of a component part that was defective
• A distributor or wholesaler that handled the product
• A retailer that sold the product to the consumer
• An entity that assembled, installed, or modified the product

In cases involving industrial equipment, vehicles, or consumer goods with complex supply chains, identifying every potentially liable party is an important part of building the strongest possible claim.

What Makes Product Liability Cases Challenging

These cases are winnable, but they require a different level of preparation than most personal injury claims.

Corporate defendants in product liability cases come prepared. They retain industry experts to dispute defect claims, medical experts to challenge causation, and legal teams experienced in minimizing or defeating consumer injury claims. The injured person needs representation that can match that preparation and apply real pressure.

Key challenges include:

• Proving the defect existed when the product left the defendant's control — defendants routinely argue that a product was misused, modified, or damaged after sale
• Establishing causation — connecting the specific defect to the specific injury often requires expert analysis and detailed medical documentation
• Preserving the product — the physical product is often the most important piece of evidence in the case; it needs to be secured and properly maintained before the defense has a chance to examine or challenge its condition
• Taking on well-resourced opponents — manufacturers and their insurers invest heavily in defending these claims; the litigation can be lengthy and requires a firm with the resources to see it through

Compensation Available in a Defective Product Case