This is a multi-state form covering the subject matter of the title.
West Virginia Complaint For Loss Due To Product Defect and For Discovery
Category:
State:
Multi-State
Control #:
US-000283
Format:
Word;
Rich Text
Instant download
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How to fill out Complaint For Loss Due To Product Defect And For Discovery?
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FAQ
Strict Liability and Products Liability Plaintiffs in states that recognize strict liability for manufacturing defects will not need to show that the manufacturer failed to use due care or was reckless. A plaintiff can recover damages even if the manufacturer used all appropriate care in the preparation of the product.
(1) experts who testify as to the type of flaw in the product that led to the plaintiff's injury and/or (2) evidence of the circumstances surrounding the accident that would lead the jury to infer that the accident must have been caused by a defect in the product.
To prove your claim, you need to show the court the following four elements: You suffered injuries or losses. The product was defective. The product defect caused your injury. You used the product as intended.
There are three types of product defects that incur liability in manufacturers and suppliers: Design Defects. Design defects are inherent, as they exist before the product is manufactured. ... Manufacturing Defects. Manufacturing defects occur during the construction or production of the item. ... Defects in marketing.
In a products liability case, a plaintiff can only establish a design defect exists when they prove there is a hypothetical alternative design that would be safer than the original design, as economically feasible as the original design, and as practical as the original design, retaining the primary purpose behind the ...
Many jurisdictions rely on the "malfunction theory" to determine defect when the product is missing or destroyed. Under this theory, the plaintiff can establish a prima facie product liability case by showing that the product unexpectedly malfunctioned while being used normally.
Damages may include compensatory damages and punitive damages. Compensatory damages are meant to put the plaintiff in the position in which they would have been if they had not been injured. This may be hypothetical in some cases because it can be hard to completely undo the impact of an accident.
In order to prove a manufacturing defect for strict liability, a plaintiff must show that the product received did not follow the manufacturer's design and the defect occurred before leaving the control of the manufacturer.