{"id":376992,"date":"2019-05-30T11:14:04","date_gmt":"2019-05-30T16:14:04","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/virginia-law\/virginia-product-liability-laws.html"},"modified":"2019-05-30T11:24:24","modified_gmt":"2019-05-30T16:24:24","slug":"virginia-product-liability-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/virginia-law\/virginia-product-liability-laws.html","title":{"rendered":"Virginia Product Liability Laws"},"content":{"rendered":"\n
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Virginia Product Liability Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

When we buy something, we assume that the coffee pot, crib, medication, or any of the goods or merchandise that we use will work as it’s supposed to and won’t harm or injure us. However, sometimes the product is defective or dangerous. In these cases, individuals who have suffered damages may be able to recover their losses by filing a product liability<\/a> claim.<\/p>\r\n

Summary of Virginia Products Liability Laws<\/h2>\r\n

It’s useful to read the text of the relevant statutes to learn more about the laws that affect you. However, it also helps to read an explanation of the law written in every day terms. See the chart below for a helpful summary of Virginia products liability laws.<\/p>\r\n\r\n

Statutes<\/b><\/p>\r\n<\/td>\r\n

Virginia Code Title 8.01. Civil Remedies and Procedure:<\/p>\r\n

Product Liability Theories<\/b><\/p>\r\n

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In Virginia, product liability claims can be based on the following theories:<\/p>\r\n

Types of Product Liability Claims<\/b><\/p>\r\n<\/td>\r\n

There are three major causes of defective products in Virginia:<\/p>\r\n

Statute of Limitations for Filing a Claim<\/b><\/p>\r\n<\/td>\r\n

Strict Liability and Negligence Claims<\/i><\/b><\/p>\r\n

A person injured by a defective product typically has 2 years<\/i><\/b> from the date of injury to file a lawsuit. If it’s filed after that time it may dismissed by the court.<\/p>\r\n

Breach of Warranty Claims<\/i><\/b><\/p>\r\n

If the product liability lawsuit is based on a contract, including a breach of warranty theory, the plaintiff must file it within 5 years<\/i><\/b> after the cause of action occurred.<\/p>\r\n

Exceptions<\/b><\/i><\/p>\r\n

There are exceptions to the statute of limitations in certain situations. For instance, if the person injured is mentally incompetent or a minor, then the time frame for filing a lawsuit may be extended.<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note:<\/i><\/b> State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.<\/i><\/p>\r\n

Virginia Product Liability Laws: Related Resources<\/h2>\r\n