Designers, manufacturers, and distributors are responsible for producing quality products to be sold to consumers. When they fail to do so, consumers who utilize their products can suffer devastating injuries. A person who is injured by a defective product may be able to pursue a products liability lawsuit and recover compensation to cover medical costs, lost wages, and pain and suffering.
While products liability law varies from state to state, there are some common elements. Plaintiffs in a product liability case must typically prove:
If there was a substantial risk for injury but no injury occurred, the suit would not be considered valid. Similarly, if the plaintiff was injured while using the product in a manner that was not intended or could reasonably be expected by the vendor, the vendor would not be liable.
Any type of product can be defective, but there are certain types that carry a more substantial risk of injury, including:
There are a number of ways in which a product can be considered defective. The product may have a design flaw that makes it unreasonably dangerous. Some products, such as knives, carry an inherent risk necessary to achieve a particular function, but if the shape or materials used put an undue burden of risk on the person using them, then the designer may be liable for any related injuries.
If the design is safe but the product contains a manufacturing defect, the product may be hazardous to consumers. One part may be produced incorrectly, or an error could occur during assembly of the whole product. Defects may be limited to one batch that was manufactured improperly or all products that were created.
Products that are designed and manufactured correctly may have unsafe features that are not obvious to the consumer. In these cases, it is up to the supplier to warn consumers of the potential dangers and advise them on how to safely use the product. Consumers must be given sufficient information to make an informed decision about the risks they are assuming in using the product. Without warning labels and instruction manuals that clearly identify any potential safety hazard, users of the product are vulnerable to injury.
Depending on the point at which the defect occurred, whether in the design, manufacturing, or marketing of the product, different parties may be held liable for injuries caused by the product. This can include the designer, product manufacturer, manufacturer of component parts, distributor, retailer, or those responsible for assembly or installation. In some cases, injuries are the result of negligent behavior by multiple parties.
When an injury caused by a defective product occurs, it is important to obtain legal representation immediately. An experienced product liability lawyer can help determine who is at fault for your injuries and make sure you have all the elements needed for a successful lawsuit.
If you or a loved one has been injured by a defective product, call the products liability lawyers at Williams Cuker Berezofsky. Our knowledgeable, dedicated legal team understands the complexities of products liability laws and will prepare an aggressive legal strategy to get you the maximum compensation. With offices conveniently located in Philadelphia and Cherry Hill, we successfully represent clients throughout Pennsylvania and New Jersey, as well as nationwide. Call us today at 215-557-0099 or contact us online for a free consultation.