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The Product Liability Act provides two different methods through which an aggrieved party can bring a claim—either by filing a lawsuit in any court that has jurisdiction or by filing a complaint with the Consumer Protection Board.

California's Strict Liability Rule In California, the strict liability rule plays a pivotal role in product liability cases. This rule states that manufacturers, distributors, and retailers can be held liable if their product is found to be defective, regardless of whether they were negligent or not.

A standard clause that is intended for use in a supply of goods agreement, manufacturing agreement or distribution agreement, which deals with liability where there is a defect in the product.

The statute of limitations is two years for a products liability claim in West Virginia (W. Va.

West Virginia premises liability laws apply a uniform standard of care requiring the exercise of reasonable care. An owner has a continuing duty to inspect the property to identify dangerous conditions and either repair them or post warnings as appropriate.

West Virginia has a strict liability standard that applies in certain situations where someone is injured. The law commonly applies in cases of defective products that cause harm, animal bites in certain states, and extremely hazardous activities like using explosives.

To establish the first element of a strict product liability claim, a plaintiff must prove that the product was inherently defective. That is, the plaintiff must prove that an inherent defect existed in the product at the time the product left the custody and control of the manufacturer/ supplier/retailer.

Each defendant shall be liable only for the amount of compensatory damages allocated to that defendant in direct proportion to that defendant's percentage of fault, and a separate judgment shall be rendered against each defendant for his or her share of that amount.

West Virginia's Strict Liability Standard West Virginia law recognizes the right of consumers to purchase and use products with the expectation that they are safe. Injured consumers can recover compensation from the manufacturer of an unreasonably dangerous product even without proving the company was negligent.