Has a Defective Product Injured You?
Should any of these problems result in an injury, you need a lawyer who handles these complicated cases. The product liability attorneys at Simon & Simon specialize in handling all types of claims involving defective products. The responsible parties for injuries caused by a defective product are held to a “strict liability” threshold.
Bad products, which are either defective in design or require warning labels, have often caused terrible injuries. Common examples of product liability cases we handle include:
- Defective Design
- Manufacturing Error
- Failure to Warn
For a free legal consultation in Philadelphia, call 877-467-4666.
Philadelphia Product Liability Lawyer
When someone suffers an injury due to a defective product, they have several options. They can file a lawsuit directly against the manufacturer, sue the retailer that sold the product or seek compensation from a third party such as a car rental agency. Different legal theories can be used in each instance to pursue the claim. For example, a plaintiff could argue that the defendant breached a warranty, committed negligence, or violated consumer protection laws.
A product liability lawyer will review the facts of your case and determine whether it meets the criteria necessary to bring a successful lawsuit. They will help you understand the evidence you might need to prove your claims. If you believe a defendant did something wrong, your product liability attorney will investigate the matter further and prepare a solid argument to support your position.
Your product liability lawyer will work hard to ensure you receive fair compensation for your injuries. They will consider many factors, including the severity of your injuries, the money needed to pay medical bills, lost wages, pain and suffering, and future losses. Your lawyer will negotiate on your behalf with insurance companies and large corporations.
If you want to learn more about filing a product liability suit, please get in touch with us today. We offer free initial consultations and accept cases on a contingency fee basis.
Complete a Free Case Evaluation form now.GoSimon.
What Is a Defective Product?
A defective product is a product that fails to meet consumers’ expectations. In some cases, it can even lead to death.
There are two different ways to show that a product is defective. These tests are the consumer expectation and the risk-utility tests. Let’s go over each one.
The Consumer Expectation Test
This test examines whether the manufacturer gave adequate directions, labels, and warnings for the product. The manufacturer failed to provide sufficient information without instructions, labels, or warnings. This is known as the consumer expectation test.
The Risk Utility Test
To determine whether a product is dangerous, manufacturers must consider both the likelihood of harm and the seriousness of the potential damage. If a product doesn’t work correctly, it might harm people. For example, a faulty car seat can put children in harm’s way. Therefore, we call this type of defect a dangerous defect.
Seeking Compensation for Defective Product Injuries
Product liability claims are filed under state law. If you believe you have been injured due to a defective product, it is important to consult with an experienced personal injury lawyer. A product liability attorney can review your case and advise whether you have legal grounds to pursue compensation. You may be eligible for financial assistance through government programs such as Medicaid.
In some cases, punitive damages are awarded to punish a defendant who commits intentional wrongdoing. These awards are intended to deter future misconduct. However, punitive damages cannot compensate victims for their injuries. Instead, they serve as punishment for the defendant’s conduct.
Medical bills, rehabilitation costs, lost wages, and other damages are typically recoverable in a product liability suit. For example, if you suffer permanent brain damage because of a faulty car seat, you may be entitled to medical expenses, loss of income, and other damages.
Lost earnings and lost earning capacity refer to the difference between what you could make in the future and what you earned during injury. This type of recovery compensates you for your inability to work. For instance, if you suffered a spinal cord injury while working as a construction worker, you may be able to collect lost earnings and lost earning capacity.
Home modifications are often expensive and involve hiring professionals. To avoid costly mistakes, it is best to hire a qualified contractor. Your home modification project may qualify for government funding. Contact a local housing authority for information about federal grants.
Pain and suffering are subjective terms that are difficult to quantify. Damages for emotional distress are usually unavailable unless you prove that the defendant acted intentionally.
Determining Liable Parties in Defective Product Lawsuits
In most cases, the manufacturer, distributor, retailer, and seller of a defective product are liable. However, it is essential to note that even though the manufacturer isn‘t always responsible, companies must take steps to ensure their product doesn’t cause harm to consumers. This includes providing proper labeling and warning statements for each product sold. Companies should also conduct periodic inspections of manufacturing facilities to ensure no defects exist.
When determining who is responsible, courts generally consider whether the company knew the product posed a risk of harm. If a company knows about a defect, it cannot claim ignorance of the danger. For example, if a customer complains about a defective product, the company could argue that it did not know about the problem because there were no prior complaints. But if the company received reports of similar issues, it might be considered negligent.
Even if a plaintiff fails to establish knowledge, a court may still find a company liable under another theory. For example, a company could be found liable based on negligence. Negligence occurs when someone does something wrong that causes harm. Experienced Products Liability Attorneys are essential. It is important to speak with an experienced product liability attorney for the best evaluation of the merits of your case.
Philadelphia Product Liability Frequently Asked Questions
A product liability claim involves a person suing a company because it sold him something that caused harm. If you buy a defective car, you might sue General Motors, Ford, Toyota, or Chrysler. You could use a mattress maker like Sealy, Simmons, Serta, or Tempur-Pedic. Or you could sue a pharmaceutical company like Pfizer, Johnson & Johnson, Merck Sharp & Dohme, GlaxoSmithKline, Bristol Myers Squibb, or Eli Lilly.
The law requires manufacturers to make sure that their products are safe. If they fail, they can be held liable for damages. This includes injuries suffered by people who use the product.
You could sue General Motors, Ford, or Toyota if you bought a defective car. These companies sell cars all over the world. They have many different models and types of vehicles. So, if you purchased one of their cars and it broke down, you could sue them in court. But what about if you got hurt while driving the car? You probably couldn’t sue GM or Ford. Instead, you’d file a personal injury lawsuit against the driver of another vehicle involved in the accident.
You might think that the same thing applies to mattresses. But there’s a difference between a mattress and a car. A mattress is just an object made out of material. It has nothing moving inside it. And it doesn’t go anywhere. You don’t even need to sleep on it. You can throw it away after you get up from bed. On the other hand, a car goes somewhere. It moves around. And it can injure people.
So, if you bought a defective mattress, you could sue the manufacturer. The mattress maker would likely say he didn’t make the material. He only makes mattresses.
Because the mattress maker sells the mattress, he should be responsible for any damage that happens to you while sleeping on it. But what if you got injured while using the mattress? Then you could sue the mattress maker.
What Is a Product Liability Claim?
Product liability claims involve lawsuits filed against companies that produce products. Some companies make cars, furniture, clothing, toys, food, drugs, medical devices, etc.
When a company produces a product, it must ensure it is safe. If it isn’t, it can be held liable for any injuries.
Sometimes, a company will warn consumers about potential dangers associated with its products. In others, it won’t do anything at all. Regardless, the company can be held liable for injuries that occur as a result of
What Exactly does Product Liability Mean?
Product liability refers to manufacturers’ legal responsibility to ensure safe and reliable products. This includes manufacturing defects, design flaws, poor quality control, and failure to warn about potential hazards. There are many product liability claims, including strict liability, implied warranty, negligent manufacture, breach of express warranty, and misrepresentation.
The law varies from state to state, but manufacturers must use reasonable care to design, test, and produce a product. They also must make sure it works properly once it leaves the factory. If a manufacturer fails to do either, they could face civil lawsuits.
What Makes a Product Defective in Philadelphia?
Product liability law is designed to protect consumers against dangerous products. If you buy something and it causes you harm, you might be able to sue the seller under the theory of strict liability. This lawsuit requires proof that the product was defective and didn’t perform as expected. You don’t necessarily need expert testimony to show that the product failed to function correctly. However, there won’t be enough evidence to win such a case without evidence of what the product was supposed to do, how it was supposed to behave, and why it behaved differently.
To succeed on a product liability claim in Philadelphia, you must demonstrate that the defendant breached his legal duty to provide safe products and that the defect caused your injury. There are several ways to prove that a product is defective. For example, you could show that it deviated from the manufacturer’s instructions or did not conform to industry standards. Or you could present evidence that the product performed inadequately or unsafely.
You can also use expert witnesses to help explain the nature of the alleged defect. An expert witness possesses specialized knowledge about the subject matter that allows them to offer opinions about the facts of the case. Experts can testify about a product’s safety features, the proper manufacturing processes, and the risks associated with specific uses. They can even testify about the possible consequences of a particular failure mode.
In many cases, experts will be needed to determine whether a product was manufactured correctly, whether it conformed to industry standards, and whether it was reasonably fit for its intended purpose.
Are Any Products Exempt from Product Liability Laws?
The Food and Drug Administration regulates pharmaceutical companies and medical devices. However, manufacturers are protected from product liability suits if they produce vaccines or medications. They are also required to warn consumers about potential side effects. In addition, consumers must prove negligence on the manufacturer’s behalf before recovering damage claims.
Is It Hard to Prove a Product Liability Case in Philadelphia?
Product liability cases are often complicated to win because the plaintiff needs to prove that the manufacturer knew about the problem and failed to fix it. This is known as strict liability. To prove this, the plaintiff must show that the defendant sold the product knowing it was dangerous and likely to cause harm. If the product was sold legally, the plaintiff must also show that the seller breached their duty to warn consumers of the risks involved.
The plaintiff does not always have to show that the defendant knew about the danger. Instead, the plaintiff can argue that the defendant could reasonably foresee that someone might use the product in a way that could lead to injury. For example, suppose a child uses a toy gun without adult supervision. In that case, the manufacturer may be liable even if the child never told anyone about the dangers of playing with guns.
In addition, some states require manufacturers to provide instructions for safe use. Failure to do so may be evidence of negligence. However, the instruction itself cannot be considered proof of negligence unless there is expert testimony showing that the instructions were inadequate.
Our experienced product liability lawyer will also investigate if there were any design defects or other problems during the manufacturing process. These types of issues are usually referred to as “strict” liability. Strict liability means that the defendant has no obligation to warn users about the dangers of using the product. The only requirement is that they should not sell an unreasonably dangerous faulty product.
Suppose the jury finds that the defendant committed one of the above acts. In that case, the plaintiff can recover damages based on the cost of medical care, severe injuries, lost wages, pain and suffering, and emotional distress.
What Should I Do if a Product Injures Me in Philadelphia?
Knowing what to do next is essential if you are hurt while using a product. You might be entitled to compensation for your injuries. However, there are some things you must remember.
Many people die every day because of defective products. Injuries sustained by defective products can be a serious problem. This is why it is crucial to understand the law regarding personal injury claims.
What Is a Marketing Defect?
A marketing defect is the failure of a product or service to meet its stated purpose. A marketing defect can be caused by poor design, manufacturing defects, and inadequate testing. It may also result from an error in judgment during the development process.
The term “marketing defect” is often used interchangeably with “product liability,” but they are not the same. A product liability claim requires proof of a defect in the product. A marketing defect claim does not need to show a defect.
Product liability claims are brought against companies that make, distribute, or sell defective products.
You should always consult with a qualified defective product lawyer in Philadelphia about your case. They will be able to advise you on how best to proceed. A good lawyer will help you file a claim against your employer and collect money for your injuries.
We Handle All Product Liability Cases in Philadelphia, PA
Product liability lawsuits are filed against product manufacturers who produce dangerous products. They can involve injuries caused by products like toys, hand tools, powered tools, pharmaceuticals, surgical instruments, medical devices, automobiles, trucks, motorcycles, farm machinery, lawn mowers, snow blowers, stoves, ovens, refrigerators, air conditioners, dishwashers, washing machines, dryers, microwaves, vacuum cleaners, computers, cell phones, baby monitors, televisions, DVD players, VCRs, radios, clocks, alarm systems, security cameras, smoke detectors, pet food, dog food, cat food, bird seed, bee hives, fish tanks, pool filters, water heaters, swimming pools, hot tubs, grills, patio furniture, outdoor lighting, garden supplies, gardening tools, home decorating supplies, paint brushes, rakes, shovels, brooms, vacuums, fans, ceiling fans, window blinds, curtains, bedding, mattresses, pillows, kitchen utensils, pots & pans, coffee makers, microwave popcorn bags, and much more.
Experienced Products Liability Atessentialt is important to speak with an experienced product liability attorney for the best evaluation of the merits of your case. Contact Simon & Simon, PC today toll-free at 215-400-2251 for a free case evaluation of a person resulting from as a result of a defective product.
Need A Full-Service Personal Injury Law Firm?GoSimon.