Settlement Alerts:

$9,250,000 Defamation Case Win Against The New York Times 8/26
$6,800,000 Wrongful Death 8/26
$81,000,000 Children Born Addicted (as part of the trial team)
$18,000,000 Product Liability 12/19
$13,000,000 Medical Malpractice – Sexual Assault 8/23
$225,000 Civil Litigation 7/26
$50,000 Motor Vehicle Accident 7/26
$30,000 Medical Malpractice 7/26
$25,000 Motor Vehicle Accident 7/26
$42,690 Motor Vehicle Accident 7/26
$2,759,223 Opioid Litigation 6/26
$70,000 Medical Malpractice 6/26
$25,000 Motor Vehicle Accident 6/26
$100,000 Motor Vehicle Accident 5/26
$25,000 Motor Vehicle Accident 5/26
$420,000 Jail Litigation 5/26
$25,000 Motor Vehicle Accident 5/26
$650,000 Jail Litigation 5/26
$46,937 Opioid Litigation 5/26
$150,000 Wrongful Death – Jail Litigation 5/26
$285,000 Medical Malpractice 4/26
$25,000 Motor Vehicle Accident 3/26
$50,000 Motor Vehicle Accident 3/26
$25,000 Motor Vehicle Accident 3/26
$25,000 Motor Vehicle Accident 3/26
$50,000 Motor Vehicle Accident 3/26
$50,000 Personal Injury 3/26
$40,000 Motor Vehicle Accident 2/26
$50,000 Motor Vehicle Accident 2/26
$32,500 Motor Vehicle Accident 2/26
$42,500 Motor Vehicle Accident 1/26
$30,000 Personal Injury 1/26
$50,000 Motor Vehicle Accident 12/25
$25,000 Motor Vehicle Accident 12/25
$25,000 Motor Vehicle Accident 11/25
$77,500 Motor Vehicle Accident 11/25
$25,000 Motor Vehicle Accident 11/25
$25,000 Motor Vehicle Accident 9/25
$25,000 Motor Vehicle Accident 9/25
$26,668 Personal Injury 9/25
$25,000 Personal Injury 9/25
$97,500 Personal Injury 9/25
$25,000 Motor Vehicle Accident 9/25
$100,000 Wrongful Death – Jail Litigation 8/25
$100,000 Wrongful Death 7/25
$45,000 Motor Vehicle Accident 7/25
$200,000 Wrongful Death 6/25
$1,200,000 Wrongful Death – Jail Litigation 6/25
$200,000 Slip & Fall 6/25
$26,000 Motor Vehicle Accident 5/25
$800,000 Jail Litigation 5/25
$925,000 Motor Vehicle Accident 5/25
$25,000 Motor Vehicle Accident 4/25
$125,000 Motor Vehicle Accident 4/25
$700,000 Jail Litigation 4/25
$25,000 Motor Vehicle Accident 4/25
$125,000 Personal Injury 4/25
$20,000 Motor Vehicle Accident 2/25
$1,300,000 Jail Litigation 2/25
$210,000 Slip & Fall 2/25
$100,000 Motor Vehicle Accident 2/25
$975,000 Medical Malpractice 1/25
$4,000,000 Jail Litigation 1/25

$9,250,000 Defamation & False Light 8/26
$6,800,000 Wrongful Death 8/26
$81,000,000 Children Born Addicted (as part of the trial team)
$18,000,000 Product Liability 12/19
$13,000,000 Medical Malpractice – Sexual Assault 8/23
$225,000 Civil Litigation 7/26
$50,000 Motor Vehicle Accident 7/26
$30,000 Medical Malpractice 7/26
$25,000 Motor Vehicle Accident 7/26
$42,690 Motor Vehicle Accident 7/26
$2,759,223 Opioid Litigation 6/26
$70,000 Medical Malpractice 6/26
$25,000 Motor Vehicle Accident 6/26
$100,000 Motor Vehicle Accident 5/26
$25,000 Motor Vehicle Accident 5/26
$420,000 Jail Litigation 5/26
$25,000 Motor Vehicle Accident 5/26
$650,000 Jail Litigation 5/26
$46,937 Opioid Litigation 5/26
$150,000 Wrongful Death – Jail Litigation 5/26
$285,000 Medical Malpractice 4/26
$25,000 Motor Vehicle Accident 3/26
$50,000 Motor Vehicle Accident 3/26
$25,000 Motor Vehicle Accident 3/26
$25,000 Motor Vehicle Accident 3/26
$50,000 Motor Vehicle Accident 3/26
$50,000 Personal Injury 3/26
$40,000 Motor Vehicle Accident 2/26
$50,000 Motor Vehicle Accident 2/26
$32,500 Motor Vehicle Accident 2/26
$42,500 Motor Vehicle Accident 1/26
$30,000 Personal Injury 1/26
$50,000 Motor Vehicle Accident 12/25
$25,000 Motor Vehicle Accident 12/25
$25,000 Motor Vehicle Accident 11/25
$77,500 Motor Vehicle Accident 11/25
$25,000 Motor Vehicle Accident 11/25
$25,000 Motor Vehicle Accident 9/25
$25,000 Motor Vehicle Accident 9/25
$26,668 Personal Injury 9/25
$25,000 Personal Injury 9/25
$97,500 Personal Injury 9/25
$25,000 Motor Vehicle Accident 9/25
$100,000 Wrongful Death – Jail Litigation 8/25
$100,000 Wrongful Death 7/25
$45,000 Motor Vehicle Accident 7/25
$200,000 Wrongful Death 6/25
$1,200,000 Wrongful Death – Jail Litigation 6/25
$200,000 Slip & Fall 6/25
$26,000 Motor Vehicle Accident 5/25
$800,000 Jail Litigation 5/25
$925,000 Motor Vehicle Accident 5/25
$25,000 Motor Vehicle Accident 4/25
$125,000 Motor Vehicle Accident 4/25
$700,000 Jail Litigation 4/25
$25,000 Motor Vehicle Accident 4/25
$125,000 Personal Injury 4/25
$20,000 Motor Vehicle Accident 2/25
$1,300,000 Jail Litigation 2/25
$210,000 Slip & Fall 2/25
$100,000 Motor Vehicle Accident 2/25
$975,000 Medical Malpractice 1/25
$4,000,000 Jail Litigation 1/25

CALL US NOW

5-Star Google Rating•BBB Rating: A+•West Virginia State Bar•The United States District Courts for the Northern and Southern Districts of West Virginia•The Fourth Circuit Court of Appeals•The United States Supreme Court•American Association for Justice•Opioid Justice Team•Trial Lawyers Care•West Virginia Association for Justice•5-Star Google Rating•BBB Rating: A+•West Virginia State Bar•The United States District Courts for the Northern and Southern Districts of West Virginia•The Fourth Circuit Court of Appeals•The United States Supreme Court•American Association for Justice•Opioid Justice Team•Trial Lawyers Care•West Virginia Association for Justice

Product Liability Lawyer in Beckley

Holding Manufacturers Accountable

Comprehensive Product Liability Guidance

Product liability claims arise when a consumer is harmed by a dangerous or defective product. At Stephen New & Associates in Beckley, we help people who have been injured by defective devices, dangerous consumer products, medication problems, vehicle parts, and other manufactured items. When a product causes injury the path to recovery often begins with careful documentation, preservation of the item if possible, and prompt medical care. Our office assists with investigating the circumstances surrounding incidents, identifying responsible parties, and taking steps to protect legal rights while you focus on healing and recovery in Raleigh County and throughout West Virginia.

If you or a loved one has been hurt because of a faulty product, it is important to understand your options and the timeframe for acting. Product liability matters often involve manufacturers, distributors, retailers, and sometimes multiple manufacturers where parts come from different sources. We can explain possible claims, help gather medical records and other proof, and coordinate with medical and technical professionals to document how the product failed and why it caused injury. From the initial consultation to pursuing a negotiated resolution or court filing when necessary, our goal is to pursue fair compensation and protect your interests.

Why Product Liability Matters for Injured Consumers

Pursuing a product liability claim can provide several important benefits for injured consumers and their families. A successful claim can help pay for medical bills, ongoing rehabilitation, lost income, and other losses tied to the injury. Beyond financial recovery, holding manufacturers or sellers responsible can prompt recalls, design changes, or better warnings that reduce risk for others. Early legal action also helps preserve evidence and ensures evidence is preserved before it is altered or discarded. Working methodically to document the incident and demonstrate how the product failed increases the likelihood of a favorable outcome.

About Stephen New & Associates in Beckley

Stephen New & Associates is a Beckley-based personal injury law firm serving Raleigh County and surrounding areas of West Virginia. The firm handles a wide range of injury matters including product liability, motor vehicle accidents, medical claims, and workplace injuries. Clients reach out for assistance with complex documentation, claim negotiations, and litigation where needed. Our office provides personalized attention, clear communication about options, and guidance through each step of the claim process. If you need help understanding your rights after an injury from a product, we will listen, investigate, and advise on practical next steps tailored to your situation.

Understanding Product Liability Claims

Product liability law covers harm caused by defective or unsafe products and can involve different legal theories such as design defects, manufacturing defects, and failures to warn. A design defect means the product is inherently unsafe because of how it was made or conceived. A manufacturing defect refers to an error in the production process that makes a normally safe product dangerous. Failure to warn involves inadequate labels or instructions that leave consumers unaware of known risks. Your case may involve one or more of these theories depending on the facts, the type of product, and the nature of the injury.

A successful claim typically requires showing that the product was defective, that the defect made the product unreasonably dangerous, and that the defect directly caused the injury. Important early steps include preserving the product when safe and possible, documenting the incident with photos and witness statements, and seeking medical evaluation to connect the injury to the product. Investigations often involve technical analysis and medical review to explain how the defect caused harm. Timely action also helps protect evidence and witnesses while memories are fresh and materials are available for testing.

Need More Information?

Key Terms and Glossary for Product Liability

Strict Liability

Strict liability in product cases means a manufacturer or seller can be held responsible for physical harm caused by a defective product regardless of whether negligence can be proven. Under this concept, a claimant does not have to show the company was careless; instead, the claimant shows the product was defective, the defect made the product unreasonably dangerous, and the defect caused the injury when used as expected. Strict liability focuses on the condition of the product itself and helps ensure injured people can recover compensation without having to prove every step of the company’s behavior.

Design Defect

A design defect exists when a product’s original plan or blueprint makes it unreasonably dangerous even if manufactured exactly to specifications. This kind of defect affects every unit produced according to that design. Claims based on design defects often require comparing the product to safer, feasible alternatives and showing how a different design could have reduced the risk without undermining the product’s basic function. Demonstrating a design defect typically involves technical analysis and comparisons that explain why the chosen design posed an unreasonable risk to users.

Manufacturing Defect

A manufacturing defect arises when a product deviates from its intended design during production, resulting in a specific item that is dangerous or defective. Unlike a design defect, the problem affects a limited number of items rather than every unit. Examples include weakened welds, missing safety components, or improper assembly that makes an otherwise safe design harmful. Establishing a manufacturing defect requires showing that the item as produced differed from the manufacturer’s intended design and that this deviation caused the injury.

Failure to Warn

Failure to warn refers to inadequate instructions, labels, or safety warnings that leave users unaware of known risks associated with normal use of a product. Even a well-designed and properly manufactured product can be dangerous if it lacks clear guidance about hazards, proper use, or necessary precautions. Claims under this theory look at whether a reasonable manufacturer would have provided a warning, whether the warning was clear and timely, and whether the lack of proper warning contributed to the injury.

PRO TIPS

Document the Incident

When a product causes injury, document the scene immediately with photographs and notes about how the incident occurred and where you were injured. Preserving detailed evidence such as the product, packaging, and receipts helps recreate the circumstances and supports later investigation. Collect contact information for witnesses and record any immediate medical treatment received to ensure a clear and verifiable record of events.

Preserve the Product

If it is safe to do so, keep the item that caused the injury in the condition it was in after the incident and avoid cleaning or altering it. Packaging, labels, and instruction manuals can provide important clues about warnings and proper use, so store those materials together with the product. Notifying the manufacturer or seller should be done carefully and with legal guidance, since preserving the product intact is often essential for laboratory testing and determining defect causes.

Seek Prompt Medical Care

Receiving timely medical attention not only safeguards your health but also creates a documented connection between the product incident and your injuries. Obtain a complete record of diagnoses, treatments, and recommendations, and follow up with recommended therapies or consultations to reduce long-term harm. These medical records become critical evidence when proving the nature and extent of your injuries for a claim or negotiation.

Comparing Legal Options for Your Claim

When a Comprehensive Approach Is Appropriate:

Complex Injuries and Multiple Defendants

Complex cases involving severe injuries or multiple responsible parties benefit from a thorough and coordinated approach that addresses all potential sources of liability. Investigations in these situations often require detailed medical review, technical testing of the product, and careful attention to supply chains and distribution channels. A structured process ensures all responsible parties are identified and that claims for medical expenses, lost income, and other losses are fully documented and pursued through negotiation or litigation as appropriate.

Recalls and Widespread Defects

When a product has been the subject of a recall or there are reports of similar failures across many units, a broader legal response can help coordinate claims and evidence collection across affected users. These matters may require working with regulators, tracking other incidents, and pooling technical findings to show a pattern of defects that merits stronger remedies. Addressing widespread defects promptly can help stop further injuries and improve the prospects for fair recovery for those already harmed.

When a Focused Approach May Be Enough:

Minor Injuries with Clear Liability

If an injury is relatively minor and the product defect or vendor liability is straightforward and well-documented, a focused claim may efficiently resolve the matter through demand and settlement. Collecting proof such as photos, a short medical record, and the product itself can often produce an acceptable recovery without prolonged litigation. A streamlined approach minimizes delay and expense while still pursuing fair compensation for medical bills and related losses.

Single-Source Manufacturing Errors

When the issue stems from a single, identifiable manufacturing mistake affecting only a limited number of units, addressing the responsible party directly may lead to a timely resolution. In those instances, focused testing and a concise presentation of the defect and resulting harm can produce a negotiated outcome without extensive additional investigation. Preserving the product and related purchase information remains important to demonstrate the defect and the injury it caused.

Common Situations That Lead to Product Liability Claims

Defective Medical Devices and Drugs

Injuries from defective medical devices or prescription products can produce serious, long-lasting harm and often require coordinated review of medical records and product histories to show a link between the device or drug and the injury. These cases may involve recall notices, manufacturer communications, and technical analysis to document how the product failed and the resulting impact on the patient.

Consumer Goods and Household Appliances

Everyday products such as appliances, power tools, or children’s items can cause injury when design flaws, assembly errors, or inadequate warnings make normal use dangerous. Proving a claim in these situations depends on preserving the product, documenting the hazard, and showing the injury resulted from the defect rather than misuse.

Automotive Parts and Safety Components

Vehicle parts and safety systems like brakes, airbags, or tires that fail can lead to catastrophic collisions and complex liability questions involving manufacturers, parts suppliers, and installers. These claims typically rely on technical inspection of failed components and careful reconstruction of how the defect contributed to the incident.

Beckley Product Liability Attorney

Why Choose Stephen New & Associates for Product Liability

Stephen New & Associates represents individuals in Beckley and across West Virginia who have been injured by defective products. The firm focuses on practical, client-centered representation that emphasizes clear communication, thorough investigation, and protection of client interests. From the first meeting we outline options, timelines, and likely steps so clients know what to expect. We handle the gathering of evidence, coordinate necessary technical and medical review, and pursue negotiations or court filing when that is in the client’s best interests.

Clients can expect personalized attention, assistance managing bills and paperwork after an injury, and a commitment to pursuing fair recovery for medical costs, lost wages, and other damages. The office can explain fee arrangements, typical timelines, and what documentation will strengthen a claim. We provide guidance on preserving evidence and managing communications with insurers or manufacturers, helping you make informed decisions while protecting your legal rights in Raleigh County and throughout West Virginia.

Contact Our Beckley Office Today

People Also Search For

product liability lawyer Beckley

defective product attorney West Virginia

consumer product injury Beckley WV

defective medical device claim

product recall injury lawyer

dangerous product claim Raleigh County

Stephen New product liability

Beckley product defect attorney

Related Services

FAQS

What is product liability and how does it apply to my injury?

Product liability refers to legal claims brought when a consumer is harmed by a defective or unsafe product. It covers situations such as design defects, manufacturing defects, and failures to warn about risks. A successful claim links the defect to the harm sustained and identifies who is responsible, which could include manufacturers, distributors, or others in the product’s chain of distribution. If you are injured by a product, preserving the item, documenting the incident, and seeking medical care are important early steps. These actions help create the foundation for a claim and support efforts to recover compensation for medical bills, lost wages, and other losses related to the injury.

How long do I have to file a product liability claim in West Virginia?

Time limits, or statutes of limitations, determine how long you have to file a product liability claim and they vary by state and by the type of claim. In West Virginia specific deadlines apply, and missing a deadline can forfeit your right to pursue recovery, so early consultation is important to understand the timeline that applies to your case. Because the timing can depend on factors such as discovery of injury or when a defect becomes apparent, contacting a local attorney promptly helps ensure evidence is preserved and deadlines are met. Acting quickly also makes it easier to gather witnesses, medical records, and the product itself for evaluation.

What types of damages can I recover in a product liability case?

Damages in product liability cases commonly include payment for medical expenses, compensation for lost wages or reduced earning capacity, and coverage for pain and suffering and other non-economic losses. In severe cases, claims may also include the cost of future medical care, rehabilitation, and adaptations necessary because of a lasting injury. The amount recoverable depends on the severity of injuries, the evidence linking the product to harm, and the applicable law. A careful assessment of medical records, employment impacts, and other losses helps establish a comprehensive damages claim when engaging with insurers or the courts.

Do I need to keep the defective product after an injury?

Keeping the defective product is often one of the most important things you can do after an incident, as it may serve as key physical evidence in establishing how the failure occurred. Avoid cleaning, repairing, or altering the item and store any packaging, instructions, and receipts that came with it. If you must discard an item for safety reasons you should document the reasons and take photographs before disposal. Consulting with legal counsel first can guide you on the best way to preserve evidence while ensuring safe handling of hazardous materials.

How is liability determined when multiple companies make parts for a product?

When multiple companies contribute parts or components, liability may be allocated among manufacturers, suppliers, and assemblers depending on each party’s role and the source of the defect. Investigations look at manufacturing processes, component histories, and distribution chains to identify where the defect originated and which entities had responsibility for safety and warnings. Gathering purchase records, warranty information, and technical documents helps determine the proper parties to name in a claim. Coordinated discovery and expert technical review are often used to trace defects back to the responsible source or sources.

What should I do if the product has been recalled?

If a product has been recalled, that information can be relevant to a claim because recalls indicate the manufacturer or regulator has identified a safety problem with the product. Save any recall notices, communications, and records of whether you followed recall instructions, and document how the recall related to your injury. Even with a recall, there may be avenues to pursue compensation for injuries that occurred before a remedy was implemented. Timely reporting of incidents and preservation of evidence support efforts to pursue recovery and clarify how the defect caused the harm.

Can I sue the retailer or only the manufacturer?

You may have a claim against the retailer, wholesaler, distributor, or manufacturer depending on the circumstances and how the product was sold or altered. Retailers can be liable in certain situations, especially if they sold a product they knew was dangerous or altered it in a way that caused the defect. Determining who can be sued requires reviewing purchase records, warranties, and the product history. Careful investigation helps identify all potential sources of recovery and the most appropriate defendants to include in a claim.

Will my case likely settle or go to trial?

Many product liability cases settle before trial through negotiation or mediation, particularly when liability and damages can be documented. Settlements often provide a faster resolution and certainty of recovery without the time and expense of a full trial, and they can be tailored to cover medical needs and other losses. However, if a fair resolution cannot be reached through negotiation, preparing for litigation and trial is sometimes necessary to achieve just results. Decisions about settlement versus trial depend on the strength of the proof, the willingness of parties to resolve the claim, and the client’s goals for recovery.

How long will a typical product liability case take to resolve?

The duration of a product liability case varies widely based on complexity, the extent of injuries, and whether the matter settles or proceeds to trial. Simple claims with clear liability may resolve in a matter of months, while complex cases involving technical analysis, multiple defendants, or serious injuries can take a year or more to reach resolution. Timely preservation of evidence, prompt medical documentation, and cooperative discovery processes can help move a case forward. While efficiency is important, thorough investigation and preparation often yield better outcomes in negotiations or in court.

How much will it cost to pursue a product liability claim?

Many personal injury and product liability matters are handled on a contingency fee basis, where legal fees are paid as a percentage of any recovery rather than up front. This arrangement allows injured people to pursue claims without immediate out-of-pocket legal fees while aligning the attorney’s interest with achieving a successful result for the client. There may also be case expenses for things like technical testing, medical records, and expert reports that are advanced during the case and reimbursed from any recovery. We will explain fee arrangements and estimated costs during the initial consultation so you understand how representation will proceed.

All Services in

Explore our complete legal services