Product Liability

Pennsylvania Products Liability Lawyers

Defective Products

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.

Elements of a Products Liability Case

While products liability law varies from state to state, there are some common elements. Plaintiffs in a product liability case must typically prove:

  • They were injured and suffered losses because of the injury
  • The product they were using was defective
  • The defect in the product directly caused their injury
  • They were using the product as intended when the injury occurred

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.

Types of Defective Products

 Any type of product can be defective, but there are certain types that carry a more substantial risk of injury, including:

  • Automobiles – Defective seat belts, brakes, airbags, tires, or other auto parts can result in deadly collisions.
  • Household appliances – Faulty wiring can result in electric shock; unsecured gas line connections can cause explosions.
  • Chemicals – Hazardous substances can cause injury when inhaled, ingested, or come in contact with skin.
  • Medical equipment – Defective surgical equipment, robotics, or home healthcare products can cause substantial harm to patients.
  • Pharmaceuticals – Patients rely on drug companies to inform them of potentially dangerous side effects or negative interactions with other medications.
  • Power tools – Saws, drills, lawn tools, and others can cause fractures, cuts, or even amputations when defective or used without proper safety equipment.
  • Toys – Some toys may present a choking hazard or contain dangerous toxins such as lead paint.

Types of Product Defects

 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.

Liability in Defective Product Cases

 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.

Pennsylvania Products Liability Lawyers at Williams Cuker Berezofsky Provide Quality Representation to Those Injured by Defective Products

 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.