Task of the Virginia Consumer Protection Act in personal injury cases? Almost everyone has experienced the unpleasant feeling of purchasing a product or service and getting less than they expected. Unfortunately, most people feel that when this happens they are left without any recourse.
A large business versus an individual customer can sometimes feel like David versus Goliath, but the Virginia Legislature has created laws that help give David some tools to demand fair play from these Goliath businesses.
The Virginia Consumer Protection Act (or VCPA) is reform legislation enacted by the Virginia Legislature "to promote fair and ethical standards of behavior between suppliers and the consuming public". The VCPA mandates businesses to regulate how they market their products and services.
In some instances, the VCPA may be used in personal injury lawsuits to help injured parties recover from businesses that are responsible for their injuries. Below is a brief description of the VCPA and how we at Curcio Law use it to our client's advantage.
Virginia Consumer Protection Act and Personal Injury Cases
There are many types of personal injury cases where the VCPA can help the injured party. There are three questions to be asked when determining whether the VCPA is relevant to your personal injury case:
1. Were you injured in a consumer transaction?
A consumer transaction is "the advertising, sale, lease, license or offer for sale, lease or license, of goods or services to be used primarily for personal, family or household purposes."
2. Is the supplier at fault?
A supplier is defined as "a seller, lessor, licensor, or professional who advertises, solicits, or engages in consumer transactions." They may also be a "manufacturer, distributor, or licensor that advertises and sells, leases, or licenses goods or services to be resold, leased, or sublicensed by other persons in consumer transactions."
3. Did the erring party misrepresent the goods or services?
The Virginia Consumer Protection Act prohibits specific practices that revolve around misrepresentation to consumers. There are currently 72 prohibited practices—too many to publish here—but some of the most common violations include:
- Falsely representing that repairs, alterations, modifications, or services have been performed or parts have been installed.
- Misrepresenting that goods or services have certain quantities, characteristics, materials, uses or benefits.
- Misrepresenting goods or services of a particular standard, quality, grade, style or model.
- Advertising goods or services with the intention of selling them as advertised or not at the price or on the terms advertised.
- Making a false or misleading statement of facts with respect to the causes, existence, or extent of the price undercutting.
- Using any other deception, fraud, false pretenses, false promises or misrepresentations in connection with consumer transactions.
What are the benefits of using the VCPA in your personal injury case?
You may want to use the VCPA in your personal injury case for several reasons. First, alleging a violation of the VCPA can help eliminate the defenses that the at-fault party would use.
Contributory negligence is an often used defense that prevents injured parties from receiving compensation for their injuries. Contributory negligence, or the argument that the injured party is 1% to blame for the injury, is not a defense to VCPA and provides an opportunity for recovery for the injured parties if the defendant is alleging contributory negligence.
Waiver is also a defense that at-fault parties try to use. For example, in the cases of a trampoline park, all consumers at a trampoline park would be required to sign a waiver before entering the park.
Trampoline parks will then try to use those exemptions to prevent the injured parties from recovering any compensation for their injuries. The VCPA gives injured parties a tool for navigating around that waiver defense.
Another reason why the VCPA is beneficial for personal injury cases is because of the penalties involved if a supplier violates the VCPA.
The VCPA allows injured parties to recover actual damages, treble damages, reasonable attorney fees, and court costs if a violation is proven. Treble damages and attorney fees are not recoverable in negligence actions. The VCPA allows injured parties to recover more compensation than they suffered in a negligence action.
When should the Virginia Consumer Protection Act be used in personal injury cases?
Hiring experienced personal injury attorneys like us at Curcio Law is important because we know when to use the VCPA for our client's benefit. We have litigated numerous personal injury cases alleging violations of the VCPA.
Some examples involving goods are defective product cases, where the seller and manufacturer represent that their product is safe. However, the product is actually defective and injures our customers. Other examples include businesses that provide services. In these types of cases, a business will represent that participation in a certain service is secure when it is not.
Examples include hair salon/spa negligence cases involving burn injuries, nursing home cases, trampoline park cases, premises liability cases, and many more.
The Virginia Consumer Protection Act may apply if you or a loved one has been injured in an incident of misrepresentation.
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