Pennsylvania Products Liability Lawyers

Products liability refers to the legal responsibility of manufacturers, distributors, suppliers, and retailers for injuries caused by defective or unsafe products they place into the hands of consumers. When a product is defective and causes harm, those responsible can be held liable for damages suffered by the injured party. This area of law is crucial for safeguarding consumer rights and promoting marketplace accountability.

Products liability claims typically revolve around these types of defects:

• Defective design: These claims are based on inherently flawed product designs that make them dangerous even when manufactured correctly. For example, a car that tends to roll over due to its design may lead to claims when accidents
• Manufacturing defects: These claims occur when a product is improperly manufactured, causing it to deviate from its intended design and making it potentially hazardous. An example could be a batch of medication contaminated during the production process.
• Failure to warn or inadequate labeling: Products may be deemed defective when they fail to provide sufficient warnings about potential risks associated with their use. For instance, a medication without proper warning labels about possible side effects could lead to liability claims.
• Breach of warranty: This occurs when a product does not meet the warranties made by the manufacturer or seller. For instance, if a vehicle’s engine fails within the warranty period, the manufacturer may be liable for breach of warranty.
• Marketing misrepresentation: These claims arise when a product’s marketing materials or advertising misrepresent its capabilities or safety features, leading consumers to use it in a manner that harms them. An example could be a dietary supplement marketed as safe, which then causes adverse reactions because of undisclosed ingredients.

Common cases we handle include:

• Unsafe prescription drugs and faulty medical devices: Big Pharma may seem formidable, but our team is well-equipped to take on even the most powerful defendants in products liability cases.
• Defective vehicles: Automakers are held to the highest safety standards, yet even a minor flaw in design or manufacturing can lead to devastating accidents.
• Faulty auto parts: Sometimes, the responsibility for defective automobiles lies with the manufacturers of specific parts rather than the automakers themselves. For instance, in cases like the Takata airbag scandal, the blame rested on the parts manufacturer, not the automakers.
• Defective machinery: Defects in heavy machinery and equipment used in various industries can pose serious dangers. Our team has the resources to investigate these incidents, identify the root cause, and pursue claims against the responsible parties.
• Unsafe household items: Many products liability claims stem from seemingly harmless household products that turn out to be dangerous.
• Children’s products: We are committed to advocating for children injured by unsafe toys. Whether it is small items posing choking hazards or sleepers presenting suffocation risks, we are prepared to pursue claims on behalf of affected families.

To establish a products liability claim, certain elements must be proven:

• Defective product: The plaintiff must demonstrate that the product in question was defective in design, manufacture, or warning.
• Injury or harm: There must be evidence of actual injury or harm suffered by the plaintiff.
• Causation: The defect in the product must be shown to have directly caused the plaintiff’s injury.
• Use as Intended: The plaintiff must have used the product as intended or reasonably foreseeable when the injury occurred.

In products liability cases, the legal doctrine of strict liability often applies. This means that a plaintiff does not need to prove negligence on the defendant’s part. Instead, the focus is on whether the product was defective and if that defect caused the plaintiff’s injury. Strict liability holds manufacturers accountable for the safety of their products, regardless of fault.

If a defective or dangerous product has injured you, you should take certain steps to protect your rights:

• Seek medical attention: Your health and safety should always be the top priority. Seek medical care for your injuries as soon as possible.
• Preserve evidence: Keep the defective product, packaging, receipts, and documentation of your injuries. That evidence will be crucial for building your case.
• Consult with a lawyer: Products liability cases can be complex, requiring specific law knowledge and litigation experience. A knowledgeable lawyer can help you understand your rights and options for pursuing compensation.

The statute of limitations for filing a products liability claim varies by state and can range from one to several years. In Pennsylvania, the statute of limitations for personal injury claims is generally two years from the date the injury occurred. However, certain exceptions can affect the timeline. One important exception is the discovery rule, which allows the two-year time limit to begin from the date the plaintiff discovers or reasonably should have discovered their injury and its connection to the product. This rule recognizes that injuries from defective products may not be immediately apparent.

Damages available in products liability cases may include medical expenses, lost wages, pain and suffering, and in some cases, punitive damages designed to punish the defendant for particularly egregious conduct.

Yes, products liability claims can still be pursued even if the product was purchased secondhand. However, the specific circumstances of the case will determine the claim’s viability.