Defective Products
Negligence Liability for Defective Products in Virginia
Virginia has not adopted strict liability in tort as a basis of liability for injuries caused by the manufacture and sale of defective products. Although strict liability will often be applied for breach of implied warranty, Virginia product liability litigation customarily addresses the question of whether a manufacturer or seller was negligent. This monograph authored by Tom Williamson in 2013 reviewed Virginia jurisprudence governing product liability negligence causes of action.
Federal Preemption in Product Liability Claims
Many defective products which injure our clients are subject to federal regulation and control – automobiles, railroads, drugs and medical devices, etc. The impact of such legislation can be critical. This essay authored by Tom Williamson provides a general overview of some of the federal preemption principles, how specific federal regulations preempt various medical product liability claims, and a brief overview of some other products which are federally regulated. Please visit our Defective Products and Virginia Law practice section for more information.
Asking the Right Questions: Admitting into Evidence Expert Opinions in a Products Liability Lawsuit
In a products liability lawsuit the plaintiff must introduce into evidence expert testimony to prove the defect and the cause of his injuries. In this article Tom Williamson discusses Virginia law on the admission of expert testimony in a products liability action.