Product Liability

What is Product Liability?

Product liability refers to the accountability of a merchant, business, or manufacturer for bodily injury or property damage caused by a defect in their product.

According to the Legal Information Institute (LII) at Cornell Law School, product liability is defined as “the legal liability of manufacturers, distributors, and sellers to compensate consumers, users, and bystanders for damages or injuries caused by defective products.” As such, the term refers to the legal responsibility of manufacturers, retailers, and other parties involved in the supply chain for injuries or damages caused by defective or unsafe products. It encompasses the legal principles and rules governing liability for products that fail to meet safety standards or perform as expected, resulting in harm to consumers or users.

Product defects that may give rise to product liability can induce design, manufacturing, or labeling defects. Navigating product liability for such defective products involves proving that a product was defective, establishing causation between the defect and the injury, and demonstrating damages suffered by the plaintiff. Legal remedies may include compensation for medical expenses, lost wages, pain and suffering, and punitive damages in cases of gross negligence or willful misconduct.

More information about Product Liability

Daniel Munley: Lawyer of the Year, Product Liability Litigation-Plaitiffs, Allentown

Daniel W. Munley has been named “Lawyer of the Year in Product Liability Litigation-Plaintiffs for the Allentown Metro Area” by The Best Lawyers in America© in 2020.

Dan Munley, a board-certified civil trial advocate (according to the National Board of Trial Advocacy), is a longstanding truck accident lawyer with a national reputation for successful representation of clients in trials. In addition, he is certified by the Association of Interstate Trucking Lawyers of America (AITLA).

Mr. Munley has received numerous awards. Among others, he has been named one of the Top 100 Trial Lawyers in Pennsylvania by the National Trial Lawyers Association and recognized by the French Consulate in New York City and the Association of Trial Lawyers of America for his representation of the family of a victim of the September 11, 2001 terrorist attacks. […]

Pennsylvania Personal Injury Lawyers From Munley Law Personal Injury Attorneys Named Best Lawyers 2018

best lawyers 2018 The Pennsylvania personal injury lawyers at Munley Law Personal Injury Attorneys are pleased to announce that all six of our partners have been recognized in the 2018 edition of Best Lawyers in America.

Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. For the 2018 Edition of The Best Lawyers in America, 7.4 million votes were analyzed, which resulted in more than 58,000 leading lawyers being included in the new edition. Lawyers are not required or allowed to pay a fee to be listed; inclusion in Best Lawyers is considered a singular honor. Corporate Counsel magazine has called Best Lawyers “the most respected referral list of attorneys in practice.” […]

Some Valuable Information about Nail Gun Accidents

nail gun accidents munley law Nail guns are extremely valuable tools to both the construction industry and regular consumers. Unfortunately, the Center for Disease Control and Prevention (CDC) reports that nail gun accidents account for approximately 37,000 emergency room visits each year. Of those injured, nearly seventy percent were injured in the course of their employment. The balance of the people were consumers using the nail guns for non-business related tasks.

It’s not difficult to imagine how a nail gun accident might occur. For those who are injured while at work, it is important to file a workers’ compensation claim. You can find answers to many of your questions concerning workers’ compensation procedures here.

What if there was a problem with the nail gun? Whether you were injured in the course of your employment or not, you may have another type of claim. This is known as a products liability action and may be pursued if there is evidence that the nail gun caused the dangerous condition resulting in injuries. […]

Munley Law Personal Injury Attorneys Named Best Lawyers in America; Lawyer of the Year

We are very pleased to announce that four of our partners have been named to the 2016 list of Best Lawyers in America, and our own Chris Munley was named workers’ comp lawyer of the year!

Attorney J. Christopher Munley, partner at Munley Law Personal Injury Attorneys, has been named the 2016 Lawyer of the Year in the field of workers’ compensation law in the Allentown metro area by Best Lawyers. Munley has been representing individuals and families who have suffered due to injury for 21 years. He has been recognized by Best Lawyers in America, Super Lawyers, and named among the Top 100 Trial Lawyers in Pennsylvania by the National Trial Lawyers Association. He currently resides in Clarks Summit with his wife Dr. Maria Yager Munley and their two children.

In addition, four more members of the Munley firm were listed in the 2016 edition of Best Lawyers in America. […]

Takata Recall hits 33.8 Million: Is your car safe to drive?

Takata Corp. expanded its recall to 33.8 million vehicles on Tuesday, May 19, finally acknowledging that its airbags are defective after months of resisting the National Highway Traffic Safety Administration. This is the largest auto recall in U.S. history.

The defective airbags leave millions of American drivers in danger, especially because drivers don’t yet know which makes and models are affected. The list of recalled vehicles has been growing since last year, and the number of vehicles affected doubled as of the announcement on May 19th. The NHTSA and automakers are still working to sort out the “definitive list” of unsafe makes and models. Meanwhile, drivers are in the dark, and may be in danger and not yet know it. All they can do is check safercar.gov frequently for updates.

The defective airbags manufactured by Takata have been linked to six deaths and over 100 injuries caused by metal shrapnel that is released into the cabin when the airbags deploy. […]

Attention, coffee lovers: Keurig recall

Popular coffee machine reportedly causes burns, Keurig recalls 7 million units

Keurig Green Mountain, Inc., a popular manufacturer of single-cup coffee brewing systems, issued a recall this morning on approximately 7 million of its coffee brewing machines in the United States following about 90 reports of burn injuries and 200 reports of product defects. According to the Consumer Product Safety Commission, the defect allows hot liquid to escape during the brewing process, and in some cases this has caused burns.

Specifically, it is the Keurig MINI Plus Brewing System that is affected. The company is offering a free repair kit to customers whose Keurig brewers have been recalled.

In the meantime, Keurig states that it is safe for consumers to continue to use the coffee maker. According to their representatives, the machines are more likely to overheat and spit hot liquid when brewing multiple cups in quick succession. […]

Munley Law Personal Injury Attorneys Attorneys Named to 2015 Best Lawyers® in America List

Munley Law Personal Injury Attorneys is pleased to announce that five partners have been named to the 2015 Edition of Best Lawyers. Munley Law Personal Injury Attorneys has also been listed among the 2015 “Best Law Firms” by U.S. News & World Report.

Robert W. Munley, Sr., Personal Injury Litigation – Plaintiffs and Product Liability Litigation – Plaintiffs
Marion Munley, Personal Injury Litigation – Plaintiffs and Product Liability Litigation – Plaintiffs
Daniel W. Munley, Personal Injury Litigation – Plaintiffs
Robert W. Munley III, Personal Injury Litigation – Plaintiffs
James Christopher Munley, Workers’ Compensation Law – Claimants

Munley Law Personal Injury Attorneys was ranked in the top tier of Personal Injury Litigation law firms in the annual ranking by U.S. News & World Report, based on peer and client reviews. […]

Auto Accidents Caused by Defective Roads

Sometimes it is the road that is at fault in an auto accident. Defective road conditions can cause a driver to lose control of his/her car, leading to an auto accident that can result in serious personal injury or death. But when the road is at fault, who is responsible for your injuries?

Roads in Pennsylvania are the responsibility of either the state or local municipalities. Although Pennsylvania’s Sovereign Immunity Act generally bars suits against the Commonwealth and other government entities, dangerous conditions on highways created by potholes, sinkholes or similar conditions are exempt from sovereign immunity.

The Pennsylvania defective road condition car accident attorneys of Munley Law believe that when hazardous road conditions lead to accidents, injury, or death, the responsible government agency and/or a private contractor that worked on the road should be held accountable. The victims of accidents caused by unsafe roads deserve full and fair compensation for their injuries and losses. […]

Munley Law Personal Injury Attorneys Attorneys Selected for 2014 Best Lawyers in America

Five attorneys from the Munley Law Personal Injury Attorneys firm have been selected by their peers for inclusion in The Best Lawyers in America 2014. Best Lawyers is the oldest and most highly-respected peer review guide to the legal profession worldwide. Robert W. Munley, Sr. and Marion Munley were selected in the fields of Personal Injury Litigation – Plaintiffs, and Product Liability Litigation – Plaintiffs. Robert W. Munley, III and Daniel W. Munley were selected in the field of Personal Injury Litigation – Plaintiffs. James Christopher Munley was selected in the field of Workers’ Compensation Law – Claimants.

History Speaks For It’s Self

For more than 55 years, the family of lawyers at Munley Law Personal Injury Attorneys have been helping clients all over the country with their claims. Munley Law Personal Injury Attorneys has proven time and again to be leaders in truck accident litigation, […]

More Than 260,000 Children Injured in Toy-Related Accidents

Toy-related injuries land hundreds of thousands of children in the ER in 2011

A serious accident involving your child is one of life’s most wrenching experiences. A family’s ordeal is compounded if the child’s death or serious injury occurred in a preventable accident caused by an unsafe toy or dangerous product. If you believe your child was injured by a dangerous toy, talk to attorneys who know the law regarding unsafe toys.

A recent report on toy-related injuries by the U.S. Consumer Product Safety Commission says there were 262,300 children treated for toy-related injuries in U.S. hospital emergency rooms in 2011. While most children were treated and released, some suffered serious injuries or even fatal injuries. Thirteen children younger than age 15 died of toy-related accidents in 2011, the consumer product safety commission reported.

Most toy-related deaths were caused by asphyxiation or drowning. […]

Munley Law Personal Injury Attorneys Ranked Among 2013 ‘Best Law Firms’ by U.S. News Media Group and Best Lawyers®

The Pennsylvania law firm of Munley Law Personal Injury Attorneys, has received a Metropolitan Tier 1 ranking in the practice area of Personal Injury Litigation – Plaintiffs (Allentown) in the newly released 2013 “Best Law Firms” rankings from U.S. News Media Group and Best Lawyers.®

The firm has also received a Tier 2 ranking in the area of Workers’ Compensation Law – Claimants (Allentown) in the third edition of the rankings, which can be found online at http://bestlawfirms.usnews.com.

The U.S. News – Best Lawyers® “Best Law Firms” rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations, peer review from leading attorneys in their field and review of additional information provided by law firms as part of the formal submission process.

In addition to the firm’s practice area rankings, four lawyers from Munley Law Personal Injury Attorneys, […]

CDC Lowers Amount of Lead Considered Toxic in Children

CDC lowers toxicity level of lead by 50 percent

Our Pennsylvania product liability attorneys have reported on numerous occasions about the dangers posed to children from every-day products – including batteries and magnets. While both of these pose swallowing hazards to children, some toys have been shown to contain lead which can lead to lead poisoning.

The U.S. Environmental Protection Agency reports that excess lead exposure affects the nervous system and can cause a range of health effects, from behavioral problems and learning disabilities, to seizures and death. The EPA reports that children six years old and younger are most at risk. Some of the adverse affects from lead exposure include: damage to the brain and nervous system; behavior and learning problems, such as hyperactivity; slowed growth; hearing problems; headaches; anemia; and in rare cases of acute lead poisoning from ingestion of lead, seizures, coma and even death. […]

SOUND Devices Act Closes Product Liability Loophole

Scranton, PA, February 23, 2012 – Pennsylvania product liability lawyer Caroline Munley today called for passage of a bill that would enable the U.S. Food and Drug Administration to reject medical devices that are modeled after devices already known to be flawed.

“The SOUND Devices Act closes a loophole that allows medical device manufacturers to basically skirt the FDA approval process,” said Munley, a partner in the regional law firm of Munley, Munley & Cartwright, whose Pennsylvania product liability attorneys represent consumers and patients who are harmed by defective products, including flawed medical devices.

“A process that avoids scrutiny is wrong and should be unnecessary,” Munley said. “Every new medical device submitted for approval for the American marketplace should be able to stand on its own merits.”

The Safety Of Untested and New Devices Act of 2012 (SOUND Devices Act) eliminates a loophole in the Food and Drug Administration’s device-approval process known as section 510(k), […]

Woman Who Lost Arm To Receive $8.8 Million

In 2004, a 16-year-old girl got the pocket of her coat caught on a bolt protruding from the drive shaft of an auger-like post-hole digger operated by her stepfather. Her arm wrapped around the auger resulting in the loss of her arm.

A New York jury hearing the case in State Supreme Court decided the manufacturer of the digger, Ford New Holland (now known as Case New Holland) sold a defective product and awarded the now 21-year-old girl $8.8 million. The jury placed 35% of the blame on Case New Holland and 30% each on Peter A Smith, the owner of the digger and the person who loaned the digger to the stepfather, and on SMC Corp. from Sioux Fall, S.D., the company who assembled the digger.

The bolt that caught on the girl’s coat was supposed to be covered by a shield, but the shield broke and was removed by Smith, […]

GlaxoSmithKline Sets Aside $3.4 Billion For Avandia Suits

GlaxoSmithKline will put aside $3.4 billion to pay for additional product liability charges over its drug Avandia.

Testing Reveals Hexavalent Chromium Present In Water Supply Of 31 Out Of 35 U.S. Cities

The Environmental Working Group (EWG) has released a report which indicates that the tap water in 31 out of 35 cities contains hexavalent chromium, a known carcinogen or cancer-causing agent. This means that millions of residents in the U.S. are being exposed to the toxic chemical that was made famous in the 2000 movie “Erin Brockovich.”

Of the 35 cities whose tap water was tested, the highest concentrations were found in Honolulu (HI), Norman (OK), and Riverside (CA). Other heavily populated cities such as Chicago (IL), Los Angeles (CA), Miami (FL), and Phoenix (AZ) were also included in the list, according to news reports.

For many decades, hexavalent chromium was a widely used industrial chemical and has evidently leached its way into the water supply of 31 out of 35 cities that were tested throughout the US. Bethesda (MD) and Washington, D.C. were also on the list of cities where the chemical is showing up. […]

Choking Hazard Causes American Eagle To Recall Toddler Girl’s Pants And Shorts

Clasp on the clothing can become detached and cause a choking hazard

According to Norwalkplus.com, clothing manufacturer American Eagle Outfitters has voluntarily recalled 1,200 pants and shorts for toddler girls due to the possibility of a choking hazard.

According to the Department of Consumer Protection, the Pittsburgh, PA-based clothing company and the U.S. Consumer Product Safety Commission announced the voluntary recall of several different girls’ clothing items.

Included in the recall were a variety of styles of jeans, pants, and shorts that have a metal clasp mounted at the waistline of the items. It is possible that the clasp can become detached from the waistline of the item and pose a choking hazard for toddler girls. Consumers have been urged to stop dressing their children in these items immediately and return them to the retailer.

American Eagle sold the items through www.77kids.com and their retail stores during the months of July and August 2010. […]

New Jersey Man Receives $2 Million in Yamaha Snowmobile Accident

The Daily Record reports a Sparta man will receive $2 million from Yamaha following a snowmobile accident. The judge added $900,000 to the $1.1 million award from the jury.

In February of 2005, when the now 61-year-old man borrowed his friend’s 1995 Yamaha VX600V-R snowmobile, the engine started to hesitate. While he and another friend lifted the rear of the snowmobile, the owner revved the engine with the throttle in an effort to clear the spark plugs. The metal track broke and shot out of the rear of the snowmobile and ripped through the victim’s right leg.

Efforts to save the 75 percent severed leg were not successful, and the man’s leg was amputated above the knee a few days after the accident.

In the product liability trial, the jury awarded $1,107,000 for pain and suffering, economic losses, and medical expenses. The man’s attorney filed a motion for an “additur” with the judge which was granted and raised the award another $900,000. […]

Escalator Injury Involving Crocs Leads to Multimillion-Dollar Lawsuit

According to Knoxnews.com, the father of a 4-year-old girl whose foot was mangled in an escalator because she was wearing the popular shoe by Crocs, Inc. has settled his multimillion-dollar lawsuit against the company.

In 2006, the Colorado-based company began receiving complaints from parents over the rubber shoes and related escalator injuries. Studies have shown Crocs and their imitators “appear to be prone to entrapment when pressed against the (side) skirt guard of step riser while standing on the yellow line of an escalator.” Children are at greater risk because their shoes are smaller and thinner.

To the lawsuit was attached a letter by Crocs stating it intended to place warning tags on its shoes by Christmas 2006. It didn’t. Since that time there have been hundreds of accidents which may have been avoided had the warning been put on the shoes.

Injuries range from a bloody sock to severed toes. […]

Graco Drop Side Cribs Recalled Due to Entrapment and Suffocation Hazards

The U.S. Consumer Product Safety Commission (CPSC) and LaJobi announced a voluntary recall of 217,000 Graco®-branded drop side cribs. The recall includes Graco drop side wood cribs sold throughout the United States from February 2007 through March 2010. Owners of these cribs should stop using any of the recalled products immediately.

When a product is not safe and fails to contain an adequate warning, and you or a family member suffers personal injury, or death, as a result of these defects, you may be entitled to legal relief. You should be able to trust that the product you are using is safe and that you have been given proper warning of any risks the product poses. At Munley, Munley & Cartwright we understand the complexity of product liability laws and the challenge of proving a case, and we can help you get the compensation you deserve.

The recall has been made due to the hazards posed to an infant or toddler in the crib if the drop side hardware breaks or fails resulting in the drop side detaching from the crib. […]