Common examples of product liability cases in Allentown, PA, can range from defective car parts and medical devices to dangerous drugs and machines. When a faulty product causes serious harm, speaking with an Allentown product liability lawyer at Munley Law is essential to your case. Our defective product attorneys will hold businesses, manufacturers, or designers accountable for your injuries. At Munley Law, we understand the complexities of these cases and work tirelessly to ensure you receive the compensation you deserve. With our experienced team, you can trust that your rights will be protected and your voice will be heard throughout the legal process.
What Is Product Liability?
Product liability is a legal term that holds the companies that make, sell, or distribute dangerous products accountable if their products cause harm or injury to consumers. Many product liability laws are determined at the state level in the United States. They are designed to keep consumers safe and ensure that companies take the initiative and responsibility for producing safe and sound products.
What Are the Types of Product Liability Claims in Allentown?
There are three types of product liability claims in Allentown — design defects, manufacturing defects, and marketing defects:
- Design defects – Design defects occur when a product has an inherent design problem not fixed before production. If the designers knew about the defect and did nothing to fix it before it was manufactured, the company could be held responsible if the design defect caused an injury.
- Manufacturing defects – When something goes wrong during the production phase of a product, and the product causes harm to the consumer, this is considered a manufacturing defect. If the manufacturer had known about the defect, they could be held responsible.
- Marketing defects—Often regarded as “failure to warn,” marketing errors occur when product warnings and/or instructions are insufficient to convey necessary information to potential product owners, causing an injury.
Many everyday items might cause problems if faulty or unsafe for people to use; common defective product examples that are presented in product liability claims include:
- Fireworks (e.g., sparklers, Roman candles, firecrackers)
- Pools (e.g., inflatable pools, above-ground pools, in-ground pools)
- Automobiles (e.g., sedans, SUVs, trucks; unattached steering wheels, framework made out of sub-par materials, faulty braking & electrical systems)
- Food products (e.g., contaminated or improperly labeled food)
- Beauty and personal care products (e.g., cosmetics, hair care products)
- ATVs (e.g., quad bikes, four-wheelers, all-terrain vehicles)
- Pharmaceutical drugs/medications (e.g., painkillers, antibiotics, antidepressants)
- Highchairs (e.g., portable highchairs, wooden highchairs, adjustable highchairs)
- Baby products (e.g., cribs, highchairs, strollers, baby carriers
- Children’s toys (e.g., action figures, dolls, board games)
- Lawn equipment (e.g., lawnmowers, leaf blowers, trimmers)
- Space heaters (e.g., electric space heaters, propane space heaters, ceramic space heaters)
- Household appliances (e.g., blenders, toasters, microwaves)
- Pools (e.g., inflatable pools, above-ground pools, in-ground pools)
- Home improvement tools (e.g., power drills, saws, hammers)
- Electronic devices (e.g., smartphones, laptops, tablets)
- Sporting goods and equipment (e.g., bicycles, helmets, sports gear)
- Medical devices (e.g., pacemakers, prosthetics, implants)
- Cleaning products (e.g., detergents, bleach, household cleaners)
- Recreational equipment (e.g., trampolines, rollerblades, skateboards)
How Do I Know If I Have Purchased or Used a Defective Product?
Determining whether a product you possess is defective means paying attention to:
- Visible Defects: Look for visible damage, irregularities, or malfunctions the product presents.
- Abnormal Behavior: A defect is likely if the product cannot perform as intended.
- Safety Hazards: Always educate yourself on safety hazards or risks associated with a product’s use. Immediately stop using a product if you question or experience unexpected dangers that may be present.
- Product Recalls: Be sure to remain informed about product recalls involving the item you possess; recalls are usually indicative of safety or malfunction susceptibilities that may be present.
- Manufacturer’s Information: Review the manufacturer’s instructions, warnings, and product information in case of potential defects or hazards. Manufacturers may be at fault for providing adequate warnings and constructing guidelines that lack the necessary information.
Sometimes, products appear safe in every aspect, but hidden dangers can catch you by surprise. These hidden hazards, known as “not-so-obvious product defects,” can turn everyday items into potential risks.
- Toxic Materials: Products containing harmful substances or chemicals can pose health risks and potential long-term health problems. These could include contaminated food products, lead-based paint in children’s toys, or asbestos in building materials, all inherently dangerous.
- Environmental Impact: Products can have adverse environmental effects, depending on their material makeup and/or design, such as pollution from vehicles with high emissions or electronic devices that are improperly disposed of.
- Cybersecurity Risks: With the rise of technology, products such as smartphones, home security systems, and IoT devices can be vulnerable to hacking or data breaches, placing user privacy and security at stake.
- Product Tampering: Intentional tampering with products, such as food or medication, can lead to contamination and deliberate harm, putting consumers at risk of illness or serious injuries.
- Inadequate Quality Control: Poor quality control processes during manufacturing can foster inconsistent product quality and an increased likelihood of defects managing their way through the production line, resulting in unsafe consumer products reaching the public.
- Improper Installation or Maintenance: If not installed or maintained correctly, products that require installation or maintenance may pose risks if they aren’t installed or maintained properly. For example, improperly installed car seats or gas appliances can lead to accidents or dangerous gas leaks.
What Is the Role of Regulatory Agencies?
Regulatory agencies are government bodies responsible for overseeing industries and ensuring that products meet safety and quality standards through inspections and enforcement actions.
- They develop rules and guidelines based on scientific research and industry best practices.
- Their efforts are designed to protect public health and ensure fair competition among businesses.
- The Food and Drug Administration (FDA) and the Environmental Protection Agency (EPA) are some primary governing regulatory agencies.
- The FDA regulates food, drugs, medical devices, cosmetics, and tobacco, ensuring the safety and efficacy of all products.
- The EPA’s focus is protecting human health and the environment from harmful pollutants and chemicals.
Three Examples of the Largest Plaintiff Product Liability Cases Victories in the World
Regulatory agencies play a critical role in enforcing product safety standards, strict liability, and investigating incidents of harm to prevent future occurrences. Some of the largest examples of product liability cases that resulted in significant victories for plaintiffs include:
- Tobacco Litigation (USA): In the late 1990s, several U.S. states reached a landmark settlement with major tobacco companies, known as the Master Settlement Agreement. The agreement resolved claims related to the health impacts of tobacco products, and billions of dollars were paid to the states.
- Ford Pinto (USA): In the 1970s, a series of lawsuits were filed against Ford Motor Company due to safety issues with their Pinto model; a design flaw made it prone to fuel tank fires in rear-end collisions. One notable case, Grimshaw v. Ford Motor Company, resulted in a jury awarding sizable damages to the plaintiffs.
- Johnson & Johnson’s Talcum Powder (USA): Johnson & Johnson faced significant legal recourse over allegations that its talcum powder products, including Baby Powder, contained asbestos and caused ovarian cancer and mesothelioma. Several juries awarded substantial damages to plaintiffs, although Johnson & Johnson has also successfully defended against some claims.
What Are Common Injuries Experienced by Consumers with Liability Claims?
- Physical injuries: Cuts, burns, broken bones, and bruises can result from defective products.
- Illness or poisoning: This can occur when consuming contaminated food or beverages or using products with harmful chemicals.
- Allergic reactions: Certain people may be allergic to ingredients or materials in products like cosmetics, cleaning supplies, or food items.
- Emotional distress: This can occur from traumatic experiences or accidents caused by defective products.
- Property damage: Defective appliances, electronics, or other products may cause fires, floods, or other accidents.
- Financial losses: Defective products may instigate injury or harm, resulting in medical expenses, lost wages, property repair or replacement costs, and other related expenses.
These injuries and harms usually and eventually lead to the need for legal action to seek compensation/ punitive damages and justice; physical, emotional, and monetary damages on consumers and their families can surmount and be overwhelming. A product liability suit, in these instances, is what is often initiated for recourse.
Do I Need an Allentown Defective Products Lawyer for My Product Liability Claim?
If you are still uncertain whether or not your experience with a product is deemed defective, it is time to seek the advice of experienced professionals. Consult a professional with expertise in manufacturing and/or repairing your product, such as a technician or customer service representative. These experts can assist in determining defective products; however, if you believe you have a faulty product and it has caused harm or financial loss, consult a lawyer to understand what you can do and what options you have to address the issue. A lawyer can assist with a personal injury claim by:
- Assessing Your Case: They’ll review your situation to determine if you have a valid claim. This involves examining the details of the product, how it caused harm, and the applicable laws.
- Explaining Your Rights: They’ll explain your legal rights and options for seeking compensation or holding the responsible party accountable.
- Handling Legal Process: Your lawyer will navigate the legal procedures for filing a claim or lawsuit on your behalf. This includes gathering evidence, negotiating with the other party, and representing you in court if necessary.
- Maximizing Compensation: They’ll work to ensure you receive fair compensation for any damages you’ve suffered, such as medical expenses, lost wages, or pain and suffering.
- Providing Support: Throughout the process, your lawyer will offer guidance, support, and advocacy to help you achieve a favorable outcome.
What Are the Steps in Filing a Defective Product Liability Claim?
- Gather your paperwork: Gather receipts, warranties, and anything related to the product and purchase.
- Do some homework: Look into the laws about defective products where you live and check out similar cases to see how they turned out.
- Chat with a lawyer: Talk to a lawyer specializing in product liability. We can help you understand your options.
- Give a heads-up: Write a formal letter or email letting the company know you will file a claim.
- Try to work it out of court: Sometimes, you can settle things without going to court. This might involve negotiation or mediation.
- Take it to court if needed: If you can’t settle things outside of court, your lawyer may file a lawsuit.
- Share your side: If it goes to trial, you’ll get to tell your story and show evidence to a judge or jury.
- Wait for the decision: After hearing both sides, the court will favor you or the company.
- Appeal if necessary: If you or the company disagree with the court’s decision, you can ask a higher court to take another look.
Remember, it can be a bit of a process, but having an experienced product liability lawyer on your side can make it easier!
Our Product Liability Lawyer in Allentown Will Fight For You
Our top-notch, experienced product liability lawyers at Munley Law have been helping injured consumers and their families for 65 years. Known nationwide for our skills, we focus on you and winning your case. Get in touch today via chat, email, or phone for a FREE consultation with one of our product liability lawyers. And here’s the best part: you don’t have to worry about upfront costs. We only get paid when we win your case in court with our trial lawyer.
Munley Law Personal Injury Attorneys
609 Hamilton St
Allentown, PA 18101
(610) 857-7424
