The Virginia Consumer Protection Act and Product Liability Cases
Whenever you buy a good or service, such as a fridge from your local store or an electrical repair service from a nearby agency, you expect that it will work as advertised. Most of the time, things turn out this way. However, unforeseen circumstances can sometimes lead to malfunctions or unsatisfactory outcomes. While the resulting frustration is understandable, initiating legal action against the responsible may seem daunting.
It’s easy to see why. After all, it’s not uncommon for manufacturers and service providers to keep lawyers on retainer who take care of these exact situations. Nevertheless, it is important to remember that the Virginia Consumer Protection Act (VCPA) is designed to protect you in these circumstances.
If you or your loved one is injured due to a faulty product, you can always contact an expert, such as attorney John Yannone. Such experts will guide you with the ins and outs of the Virginia Consumer Protection Act and product liability so that you can get the compensation you deserve.
This blog explains how the VCPA empowers you, the consumer, to seek recourse.
What is the Virginia Consumer Protection Act?
The VCPA is a provision of Virginia consumer laws designed to facilitate fair and ethical dealings between suppliers and the consuming public.
Essentially, Virginia Consumer Protection equips consumers with valuable legal advantages when pursuing claims against companies that have violated their rights.
To utilize its protections, your case must demonstrate the following elements:
- It must meet the act’s definition of a consumer transaction. Loosely speaking, the manufacturer must have designed the item you purchased for personal, family, or household purposes.
- The entity to blame for your predicament must have a role to play in the supply chain. The chain of liability is nuanced, ranging from distributors to retailers.
- The at-fault party must have distorted your perception of the product in any of the 72 practices the VCPA outlines.
If your situation meets the above criteria, you are entitled to VCPA’s protection.
Understanding the VCPA’s Protections
Upon meeting the act’s requirements, your case will benefit from unique protections that could increase the odds of winning compensation.
Contributory Negligence
Virginia uses the contributory negligence rule, which bars plaintiffs from seeking compensation when they are partially responsible for their injuries. Many companies turn to this defense when sued for product liability. Fortunately, it is not applicable in cases that fall under the provisions of the VCPA.
Waivers
Have you ever been asked to sign a waiver before using a specific product or service? It absolves the supplier from fault in case of an accident. As such, defendants use it to counter product liability claims.
The VCPA bars liable entities from using waivers as a defense.
Recoverable Damages
Finally, the VCPA allows you to recover compensatory and punitive damages, attorney fees, and court costs. Conventional product liability lawsuits only allow for compensatory damages.
How to File a Claim Under VCPA
Filing a VCPA claim can help you seek justice for a faulty product. Begin by gathering documentation like receipts and photos of damages. Consulting a product liability attorney ensures your case meets VCPA requirements and increases your chances of success. After filing, you may proceed to settlement discussions or trial, depending on the defendant’s response. An attorney can guide you through each step, making the process smoother and helping secure fair compensation.
Conclusion
As you can see, the VCPA paves the way for restitution if an injury stems from a misrepresented product or service. However, qualifying cases must satisfy three criteria. As with all personal injury cases, the burden of proof is yours to bear. You must demonstrate that your case meets the VCPA criteria.
For this reason, it is better to work with a qualified product liability attorney. Preferably, select a lawyer who has successfully won cases under the act. These professionals deeply understand the VCPA and can determine if you are entitled to its protection.