Morgantown Product Liability Lawyer

Product Liability Attorney in Morgantown, WV

There is nothing wrong with expecting, or even demanding, a reasonable degree of safety from the products that you purchase. Unfortunately, many products make it to stores and online retailers with terrible design flaws or manufacturer errors that can cause strife, injuries, and even death. It’s understandable to want to hold the right people accountable. A Morgantown product liability lawyer can help build your case.

The legal team at Hansberry & Wagoner, PLLC recognizes the inherent complexities that come with a product liability case. It’s important to understand how to navigate West Virginia’s product liability laws. Hiring the right Morgantown product liability attorney can be one of the most important decisions you make for your case. As experienced personal injury lawyers, our team brings over 30 years of combined legal experience to every case we handle. We are prepared to litigate aggressively on your behalf and pursue the compensation you deserve for injuries caused by defective or dangerous products.

Different Types of Product Defects

If you choose to move forward with legal action in a product liability case in Morgantown, your case is going to be handled by either the Monongalia County Circuit Court or the U.S. District Court for the Northern District of West Virginia. It depends entirely on the scope of your case. Product liability cases are fairly common nationwide. It’s important to be prepared with your own case. Product liability cases in Morgantown, with a population of just over 30,000, typically fall under one of three categories:

• Strict liability. The manufacturer or the product’s seller is held liable if the product is deemed defective and has caused harm, regardless of intentional negligence.
• Negligence. To pursue a negligence case, you need to be able to prove that the responsible party did not exercise reasonable care in the design, manufacture, or distribution of the product in question. Proving negligence can be difficult. You should hire a product liability lawyer to help.
• Breach of warranty. This type of case occurs when a product does not meet the specific promise or guarantee made by the manufacturer or the seller regarding the product’s safety, usability, or quality, regardless of whether or not the promise is implied or stated clearly.

If you want to recover compensation from a company due to their defective product, you need to be able to prove that the company was at fault for either the faulty design, a manufacturing error, or failure to warn the consumer of potential dangers. Additionally, your case must fall under the statute of limitations for personal injury cases, which includes product liability. 

In 2025, a cohort of coal miners with respiratory disease waited too late to sue 3M and other respirator suppliers and manufacturers. The Supreme Court of West Virginia upheld the lower courts’ findings that the statute of limitations on product liability had long since passed.

In most cases, you have two years to build a case and file. Here are the three types of product defects:

• Design defects. Some products are inherently dangerous before they are even manufactured. There could be a serious design flaw in the initial conception, but if nobody notices, it may be built exactly as intended. Then, the design flaw could hurt somebody, and the company could be held liable for that flaw.
• Manufacturing defects. Many times, the design of a product is perfectly reasonable. It’s not until the product is manufactured that a problem arises. If a flaw or error occurs during the product’s assembly or construction, it might not be noticed until it is already shipped out to retailers. 
• Failure to warn. It’s the company’s responsibility to warn consumers of every potential danger that comes with the product they are selling. If the product lacks reasonable instructions or safety warnings, a consumer could be injured or killed by a hidden hazard that was not listed as a possibility.

FAQs About Product Liability Law

How Much Does a Product Liability Lawyer Cost?

There’s no telling how much your product liability lawyer may cost you, as every lawyer charges a different amount for their services. Many product liability lawyers work on a contingency fee basis, which means that you only have to pay them if they succeed with your case. Some case expenses are fairly typical, such as court filing fees and paying for professional witness testimony.

How Can I Succeed With My Product Liability Case?

The most reliable way to succeed with your product liability case is to definitively prove four distinct elements. You need to prove, with hard evidence, that you were injured or suffered losses, that the product was defective in some way, that the defect directly caused your injury or losses, and that you were using the product as it was intended. Your lawyer can help you develop a strong case that proves negligence.

Who Do You Take Legal Action Against in a Product Liability Case?

In a product liability case, you can pursue legal action against any company or individual along the chain of commerce that contributed to the defective product reaching the consumer. Depending on the exact nature of the defect, this could be the company, the manufacturer, the designer, the distributor, or even the retail store that sold you the product. Your lawyer can help you determine exactly who is at fault.

What Are the Three Typical Claims in a Product Liability Case?

The three typical claims in a product liability case are design defects, manufacturing defects, and marketing defects, which are also called a failure to warn. Understanding the exact nature of the defect is crucial to the construction of your case, as it establishes liability. If there’s a design flaw, fault lies with the designer. If there’s a construction flaw, fault lies with the manufacturer. If you were not properly warned, fault may lie with the entire chain of commerce.

Hire a Product Liability Lawyer Today

It’s vital to have all the facts regarding liability when you are building a product liability case. At Hansberry & Wagoner, PLLC, we can assist in gathering evidence that supports your claim, prevent you from being pressured or harassed by the responsible parties, and protect your interests throughout your case. Contact us to speak to a member of our team who knows how to help you.