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In West Virginia, the general rule for recovering under the theory of strict liability is that an injured person may recover if he or she was injured by a product that is not reasonably safe for its intended use. Also, Under West Virginia law, it's no excuse that other manufacturers are making similar products.
What Is the Statute of Limitations in WV? For most types of civil cases, the statute of limitations in West Virginia is two years. Most misdemeanor criminal charges must be filed within a year, while felonies have no statute of limitations.
Under West Virginia's statute of limitations, you generally have two years from the date of your injury in which to file a product liability lawsuit.
Court proceedings for product liability claims must be issued within three years of the date of injury. If the injury happened more than three years ago, it may still be possible to bring a claim if the claimant only found out that the injury was caused by a defective product within the last three years.
Statutes of limitations for each state (in number of years) StateWritten contractsOral contractsWashington63West Virginia105Wisconsin66Wyoming10847 more rows ?
Sometimes, a seller may be liable for damages separate from the manufacturer. An innocent seller is not liable for injuries to a person who bought one of their products. West Virginia Code 55-7-31 explains what makes a seller liable for a defective or otherwise harmful product.