Product Liability










Understanding Product Liability and Why It Matters
When you buy a product—whether it’s a car, a household appliance, a toy, a power tool, or medication—you have the right to expect that product to be safe when used as intended. Unfortunately, thousands of people across West Virginia and the United States are injured or even killed each year due to dangerous or defective products. These injuries can have devastating consequences for individuals and families, resulting in medical bills, lost income, pain and suffering, and long-term disability.
Product liability law exists to hold manufacturers, distributors, retailers, and others in the supply chain accountable when a defective product causes harm. Unlike ordinary negligence claims, product liability cases don’t always require you to prove carelessness. Instead, the law recognizes that companies who profit from selling products owe a heightened duty to the people who use them. When a product fails—whether due to a design flaw, a manufacturing error, or a failure to warn about risks—victims have the right to pursue compensation.
At Klie Law Offices, we stand up for individuals and families injured by defective or dangerous products. Our experienced attorneys can help you understand your rights, investigate the cause of your injury, and hold the responsible parties accountable.
Types of Product Liability Claims
Product liability is a broad field of law covering a wide range of situations. In West Virginia, there are three main types of product liability claims:
1. Design Defects:
A design defect exists when a product is inherently dangerous—even if manufactured perfectly—because of the way it was designed. For example, a car model prone to rollovers, a power tool lacking necessary safety guards, or a toy with small parts that create a choking hazard.
2. Manufacturing Defects:
These occur when a product departs from its intended design due to an error during production. This could include contaminated batches of food or medication, a bicycle with a cracked frame, or an airbag that doesn’t deploy correctly due to a faulty sensor.
3. Failure to Warn (Marketing Defects):
Manufacturers and sellers are required to provide adequate warnings and instructions for proper use. If a product has risks that aren’t obvious—such as dangerous side effects of a medication, or potential for burns from an appliance—the company must warn consumers. Failure to do so can result in liability if someone is hurt.
Product liability law covers virtually every consumer good, from automobiles and electronics to pharmaceuticals, children’s products, industrial equipment, medical devices, and more.
Real-World Examples and Common Types of Defective Products
Defective products can be found everywhere. Some of the most common—and most dangerous—examples include:
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Automobiles and Auto Parts: Faulty brakes, tires that blow out, ignition switches that turn off unexpectedly, defective airbags, or vehicles with a high risk of rollover.
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Pharmaceuticals and Medical Devices: Dangerous drugs with undisclosed side effects, recalled medications, defective hip implants or pacemakers, contaminated syringes, and more.
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Children’s Products and Toys: Cribs with dangerous drop sides, choking hazards, toxic materials in toys, and children’s clothing that is too flammable.
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Household Appliances: Space heaters that cause fires, microwaves that explode, or kitchen appliances with faulty wiring.
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Industrial Equipment and Tools: Unsafe machinery lacking safety guards, power tools with poor design, or construction equipment with defective parts.
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Food and Beverages: Food contaminated with bacteria like E. coli or Salmonella, mislabeled allergens, or packaging that leaks toxins into the food.
Real-world product recalls are frequent headlines—think of the massive automotive airbag recalls or prescription drugs pulled from shelves after causing life-threatening side effects. Even everyday household items can turn deadly if companies cut corners or fail to warn consumers.
If you have been injured by any product that malfunctioned or proved dangerous during normal use, you may have a product liability claim.
Client Reviews

Thanks to her efforts, the case was resolved in my favor, far exceeding my expectations. I felt supported, respected, and confident throughout the entire process.
If you’re looking for a lawyer who combines intellect, integrity, and heart, look no further. I wholeheartedly recommend Kimberly Koslski to anyone in need of outstanding legal representation.
Gabby is very knowledgeable and will fight for what you want in the courtroom!
Jennifer and Katie are always quick to respond to any question or concern you may have.
I would definitely use Klie Law for any other service in the future..
An added bonus is their friendly, helpful, always willing to help receptionist, Tammy. She will help you get your questions answered as soon as possible.
Gabby knows her stuff! Super thorough and organized with a hint of sass in the court room. She fights for you and what you want!
Jennifer and Katie are always quick to respond and knowledgeable and if they're unsure, they find out quickly.
If you're looking for a team for your custody case this is it!
Nicole, was also exceptional. She was responsive, organized, and went above and beyond to ensure everything was handled efficiently. She made sure I was informed every step of the way, which made the entire process much smoother.
I highly recommend Klie Law Offices for anyone in need of legal services. Their team is top-notch and I felt completely supported throughout the entire process.
Gigi
Google presented me with four--five Law Firms. After researching and deciphering through reviews, I decided to try Klie Law Office, in West Virginia, my home State!
On my way to my scheduled appointment for case evaluation, I thought to myself, " Will they be willing to accept my case, knowing that my next hearing is in 8 days?" I was Hoping and Praying to my Father, who is beside me with every step of my path, all the way there!
When Iris and I met, we exchanged a firm handshake, and she professionally introduced herself!
To me, a firm handshake means something. Our ( myself, two sisters and one brother) Dad taught us at a young age, a firm handshake means something! To each of us we will know what he means, when our day comes, to experience it!
My day had come, this day! What did I get from her firm handshake? A welcoming first impression of strength and confidence!
We discussed details of my case, and she would inform me of their processes, which member of the team does what, the retainer amount, paperwork process, and they would be there for my hearing, that was now 7 days away!
After processing my retainer, filling out necessary forms, I left with self confidence knowing that Klie Law accepted my case, and they will be fighting For Me, Not Against Me, as in the past 7-8 months.
Thank You, Klie Law!
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Who Can Be Held Liable for a Defective Product?
Unlike some personal injury claims, product liability cases often involve multiple parties in the supply chain. Any entity that designs, manufactures, distributes, or sells a defective product can be held accountable, including:
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Manufacturers: The company that designed or produced the product or its component parts.
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Distributors and Wholesalers: Companies responsible for getting products from the manufacturer to the store shelves.
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Retailers: The store or online seller who sold you the product.
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Importers: Companies that bring foreign products into the U.S. market.
West Virginia law does not require you to be the original purchaser. Anyone injured by a defective product—including bystanders or family members—can potentially file a claim.
What if the product was used or secondhand?
Liability can still attach if the product was unreasonably dangerous. Our attorneys will investigate whether a claim exists based on your specific situation.
Proving a Product Liability Claim in West Virginia
Product liability law is complex, and large corporations are often quick to deny responsibility. To prevail in a product liability claim, you typically must show:
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The product was defective (by design, manufacture, or inadequate warning).
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The defect existed when the product left the defendant’s control.
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You used the product in a reasonably foreseeable way.
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The defect directly caused your injury or damages.
Unlike typical negligence cases, you do not always have to prove the manufacturer was careless—just that the product was unreasonably dangerous as sold. This is known as “strict liability.”
Evidence in product liability cases can include:
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The actual defective product (do not discard or repair it)
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Photographs of the product and the scene of the injury
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Medical records documenting your injuries
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Expert testimony from engineers, scientists, or product safety specialists
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Product manuals, warning labels, and marketing materials
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Recall notices or prior complaints about the product
At Klie Law Offices, we have the resources and relationships with top experts needed to build a strong case. We will handle the investigation and paperwork, so you can focus on your recovery.
Klie Law Office F.A.Q
1. What should I do immediately after a personal injury accident?
2. How do I know if I have a valid personal injury claim?
3. How much is my personal injury case worth?
4. Will my personal injury case go to court?
5. How much does it cost to hire a personal injury lawyer at Klie Law Offices?
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Damages Available in a Product Liability Lawsuit
Victims of defective products may be entitled to a wide range of compensation under West Virginia law. These can include:
Economic Damages:
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Medical expenses (past and future)
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Rehabilitation, physical therapy, and assistive devices
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Lost wages and loss of future earning capacity
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Property damage
Non-Economic Damages:
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Pain and suffering
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Emotional distress
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Loss of enjoyment of life
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Permanent disability or disfigurement
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Loss of consortium (damage to marital relationship)
Punitive Damages:
In rare cases where the manufacturer acted with reckless disregard for safety or intentionally concealed dangers, punitive damages may be awarded to punish wrongdoing and deter future misconduct.
Wrongful Death:
If a defective product leads to fatal injuries, surviving family members may file a wrongful death claim for funeral expenses, lost income, and the emotional loss of their loved one.
At Klie Law Offices, our goal is to maximize every dollar you and your family receive. We work with medical, economic, and engineering experts to fully document your losses.
The Legal Process & What to Expect When Pursuing a Product Liability Claim
Step 1: Free Consultation and Case Evaluation
We begin by listening to your story, reviewing your injuries, and evaluating whether you have a viable claim. We’ll explain your rights, the process, and what to expect.
Step 2: Investigation and Evidence Gathering
Our attorneys will secure the defective product (if possible), interview witnesses, obtain medical records, and consult with engineering and safety experts. We’ll also research the product’s history, prior complaints, and any recalls or warnings.
Step 3: Identifying Liable Parties
Many products have complicated supply chains. We identify every party potentially responsible—from the manufacturer to the retailer—to maximize your compensation options.
Step 4: Filing the Lawsuit
If a fair settlement cannot be reached, we file a lawsuit and initiate the formal legal process, including discovery (the exchange of evidence), depositions, and motion practice.
Step 5: Settlement Negotiations or Trial
Most cases are resolved through negotiation, but we prepare every claim for trial. Our attorneys are aggressive advocates who will not back down from big corporations or their insurance companies.
Step 6: Disbursement and Support
If we win your case or reach a settlement, we ensure prompt disbursement of funds and help connect you with resources for your continued care and recovery.
We keep you informed at every step, answer your questions, and fight tirelessly for justice on your behalf.
Why Choose Klie Law Offices for Your Product Liability Case?
Product liability cases are among the most complex and hard-fought personal injury claims. Companies have teams of lawyers and endless resources to deny responsibility and protect their bottom line. You deserve a legal team with the experience, resources, and commitment to level the playing field.
Why Choose Klie Law Offices?
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Decades of Combined Experience: Our attorneys have handled high-stakes product liability and injury cases across West Virginia.
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Access to Top Experts: We work with leading engineers, safety specialists, and medical experts to build the strongest possible case.
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Personalized Service: We treat every client like family and keep you informed at every stage.
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Aggressive Advocacy: We stand up to manufacturers, retailers, and insurance companies who try to minimize your losses.
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No Fees Unless We Win: You pay nothing unless we recover compensation for you.
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Convenient Locations: With offices in Buckhannon, Parkersburg, Clarksburg, and Morgantown, we proudly serve clients throughout West Virginia. Online consultations are available as well.
Contact Klie Law Offices Today
If you or a loved one has been injured by a defective or dangerous product, don’t wait for the manufacturer or their insurer to decide your future.
Contact Klie Law Offices for a free, confidential consultation. We’ll answer your questions, review your case, and fight to hold the responsible parties accountable. Call us or fill out our online contact form today to get started on the road to justice and recovery.
Office Locations
Buckhannon
21 E Main St, Suite 160
Buckhannon, WV 26201
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Parkersburg
408 Market St
Parkersburg, WV 26101
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Clarksburg
339 W Main St
Clarksburg, WV 26301
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Morgantown
1300 Fort Pierpont Dr, Suite
102, Morgantown, WV 26508
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What you can expect from our West Virginia attorneys
The first thing you’ll notice when you come to our Law Offices is that we’ll listen to your story. We want to know what you’re going through and what you need. Then, we’ll explain how West Virginia law applies to your specific situation and what your legal options are. There are no cookie-cutter answers here. We create a legal strategy tailored to each client’s individual needs.
Depending on your situation, we will find the right path forward. We are adept at resolving your legal matters through negotiation and mediation whenever possible. But we also won’t hesitate to take your case to trial if that’s what it takes to get the best possible outcome for you.
Throughout the process, you can expect honest communication and compassionate support. Our team understands that legal issues can be overwhelming, and we strive to make the process as clear and stress-free as possible. We keep you informed at every stage and are always available to answer your questions or address your concerns. You’re not just another case to us—you’re a person who deserves thoughtful guidance and dedicated advocacy.
If you’re facing a legal challenge and need someone in your corner, don’t wait to get the help you deserve. Contact Klie Law Offices today to schedule a confidential consultation and take the first step toward a solution that works for you.
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