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Date: 04-13-2023
Case Style:
Case Number: 7:21-cv-00437
Judge: Michael F. Urbanski
Court: United States District Court for the Western District of Virginia (Roanoke County)
Plaintiff's Attorney:
Defendant's Attorney: James Joseph Nally, Jonathan Warren Gonzalez
Description: Roanoke, Virginia personal injury lawyer represented Plaintiff who sued Defendant on a product liability theory.
"Product liability law in Virginia is a complex area of law that deals with the legal responsibility of manufacturers, wholesalers, and retailers for defective products that injure those using the products after they enter the marketplace.
There are three main theories of product liability in Virginia:
Strict liability: Under strict liability, a manufacturer or seller of a product is liable for any injuries caused by the product, even if the manufacturer or seller was not negligent. This is because the law recognizes that manufacturers and sellers have a duty to ensure that their products are safe for consumers to use.
Negligence: Under negligence, a manufacturer or seller is liable for injuries caused by a product if the manufacturer or seller failed to exercise reasonable care in designing, manufacturing, or selling the product. This means that the manufacturer or seller must have known or should have known about the defect in the product and failed to take steps to correct it.
Breach of warranty: Under breach of warranty, a manufacturer or seller is liable for injuries caused by a product if the product does not meet the implied or express warranties that were made about it. Implied warranties are warranties that are automatically included in every sale of goods, such as the warranty that the product is fit for its intended purpose. Express warranties are warranties that are made by the manufacturer or seller, such as a warranty that the product will not break within one year of purchase.
To recover damages in a product liability case in Virginia, the injured person must prove that:
The product was defective.
The defect caused the injury.
The manufacturer or seller was negligent or breached a warranty.
The injured person may be able to recover damages for medical expenses, lost wages, pain and suffering, and other losses.
If you have been injured by a defective product, it is important to speak with an experienced personal injury attorney to discuss your legal options. An attorney can help you understand the law and how it may affect your case."
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Outcome: 04/13/2023 34 Clerks Entry of Dismissal with prejudice Pursuant to FRCP 41(a)(1)(A)(ii) (mka)
Plaintiff's Experts:
Defendant's Experts:
Comments: