West Virginia law
Product Liability Laws in West Virginia.
West Virginia recognizes strict products-liability actions under Morningstar v. Black & Decker (1979), adopting a modified version of Restatement (Second) of Torts § 402A. Product-liability claims may also be brought under negligence and breach-of-warranty theories. The statute of limitations is 2 years for personal-injury claims (W. Va. Code § 55-2-12); UCC warranty claims, 4 years (W. Va. Code § 46-2-725). West Virginia applies modified comparative fault (51% bar) under W. Va. Code § 55-7-13a.
Last verified: 2026-04-20
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State law
Statute of Limitations
Tort-based product-liability claims: 2-year limitation. UCC breach-of-warranty claims: 4-year limitation running from tender of delivery.
State law
Fault & Liability Rules
Modified comparative fault applies to products-liability claims. Plaintiff more than 50% at fault is barred from recovery.
State law
Key West Virginia Statutes
West Virginia requires asbestos and silica plaintiffs to meet specified medical criteria (objective proof of physical impairment) before proceeding with claims — a significant feature of West Virginia mass-tort practice.
State law
Official Sources
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This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in West Virginia.
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