Virginia Product Liability Laws

Created by FindLaw's team of legal writers and editors.

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 claim.

Summary of Virginia Products Liability Laws

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.

Statutes

Virginia Code Title 8.01. Civil Remedies and Procedure:

  • Section 8.01-230 (accrual of right of action)
  • Section 8.01-243 (personal action for injury to person or property generally)
  • Section 8.01-246 (personal actions based on contracts)
  • Section 8.01-250 (limitation on certain actions for damages arising out of defective or unsafe condition of improvements to real property)

Product Liability Theories

 

 

In Virginia, product liability claims can be based on the following theories:

Types of Product Liability Claims

There are three major causes of defective products in Virginia:

Statute of Limitations for Filing a Claim

Strict Liability and Negligence Claims

A person injured by a defective product typically has 2 years from the date of injury to file a lawsuit. If it's filed after that time it may dismissed by the court.

Breach of Warranty Claims

If the product liability lawsuit is based on a contract, including a breach of warranty theory, the plaintiff must file it within 5 years after the cause of action occurred.

Exceptions

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.

Note: 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.

Virginia Product Liability Laws: Related Resources

Get Information about Virginia Product Liability Laws From a Lawyer

Virginia product liability laws are convoluted and difficult to understand for most consumers. Therefore, you should turn to an experienced legal professional if you or someone you know has been hurt by a defective or dangerous product. Contact a local Virginia personal injury attorney immediately to learn more about possibly filing a product liability claim.

Next Steps: Search for a Local Attorney

Contact a qualified attorney.