As consumers, we purchase goods that are supposed to make our lives easier and better. Unfortunately, when a defective product causes injury, you need to know your financial recovery options. If dangerous products injure you or a loved one, call the Erie product liability lawyers of Munley Law.
For over 60 years, Munley Law has represented injury victims in product liability claims who seek fair compensation for their injuries. Call Munley Law for a no-obligation, free consultation.
$32 Million Wrongful Death
$26 Million Truck Accident
$17.5 Million Car Accident
$12 Million Product Liability
$9 Million Truck Accident
$8 Million Truck Accident
$8 Million Truck Accident
$7.5 Million Auto Accident
$6.9 Million Garbage Truck Accident
$6.5 Million Traumatic Brain Injury
$5 Million Medical Malpractice
$5 Million Bus Accidents
What Is a Product Liability Case?
Product liability law allows an injured party to take legal action if they encounter a defective product. Product liability cases are often classified under strict liability, meaning that even if the defendant did not have intent or knowledge of the alleged harm, they can still be held liable.
A product liability claim can fall under one of four categories.
- Manufacturing Defect: Some or all of the product was manufactured incorrectly, making it unsafe.
- Design Defect: The product’s design was safe, or there were safer designs.
- Marketing Defect: There were inadequate warnings of the product’s potential risks.
- Breach of Warranty: An express or implied warranty was breached.
For a product liability case to succeed, it must be proven that the product was defective before it reached the consumer and caused the victim to suffer injury.
Two tests can be used to prove a product is defective: the consumer expectation standard (CES) and the risk-utility standard.
Under the consumer expectation standard, a product is defective if the danger is unknowable and unacceptable to a consumer. In essence, the test addresses the “surprise element of danger” a product may hold under the nature of the product and its intended use.
Under risk-utility standards, a product is considered defective if the risk of harm outweighs the benefits of it. Through this test, the court must consider the probability of damage, the instructions and warnings provided with the product, consumer expectations, marketing of the product, and what other products exist as substitutes.
Through this test, the court must consider the probability of harm, the instructions and warnings provided with the product, consumer expectations, marketing of the product, and what other products exist as substitutes.
Product liability claims can be complicated. However, an Erie personal injury attorney from Munley Law can help you.
Financial Compensation in an Erie Product Liability Case
Following injury from a defective product, you may endure several losses. In general, you may collect two forms of damages—compensatory and punitive damages. Punitive damages are not always awarded but can be an asset to your claim.
Compensatory damages are meant to cover the losses you endured from the harm caused by the defective product. These damages can be further divided into economic and non-economic damages.
Economic damages in a product liability case are those losses that can be calculated from medical records, financial records, etc. These damages include:
- Medical expenses
- Long-term health care
- Lost wages
- Diminished earning capacity
- Property damage
Non-economic damages in a product liability claim are meant to help with the intangible losses you endure from a defective product. They include:
- Pain and suffering
- Loss of quality of life, including that from permanent disability, scarring, and disfigurement
- Loss of consortium, companionship, and society
- Loss of enjoyment
Punitive damages, unlike compensatory damages, can be harder to win, as these damages are meant to punish the at-fault party. In general, they are only awarded in cases where a manufacturer knew the product was dangerous and failed to recall it or continued to sell it.
While we cannot guarantee that you will secure all of these forms of compensation, connecting with an Erie County personal injury lawyer can increase your chances of having a successful claim.
What a Product Liability Lawyer Can Do for You
You may wonder about your legal options if a defective product injures you. Unlike other personal injury claims where an injured person may contact the insurance company, your option in most situations is to file a claim with the product manufacturer, designer, or retailer when a defective product has hurt you.
But figuring out who the responsible party is can be quite a challenge. However, with a legal team by your side, it doesn’t have to be.
An Erie product liability attorney from Munley Law can guide you through the claims process from start to finish and help you secure maximum compensation for your losses.
With legal representation, you will have:
- Help determine who your claim is against. Your faulty product claim will be against manufacturers, retailers, or anyone in the product’s distribution chain.
- Guidance throughout the legal process. There are a variety of product liability claims that could be made, but knowing the legal strategy that will best suit yours can be challenging.
- Help collect evidence for your case. This may include medical records for proof of injury, evidence of missing adequate instructions or warnings, or the product installation that led to the injury.
- Accurate calculation of financial losses. Determining the value of your compensation claim can prove difficult as several factors are at play. An experienced Erie product liability lawyer will calculate all potential losses so you get the most compensation for your case.
- Legal advice in negotiations or representation in the courtroom.
Though you never have to hire a lawyer for your personal injury claim, the benefits of doing so far outweigh the costs. Most personal injury and product liability law firms work on a contingency fee basis, which means there are no upfront costs to you, and you only pay if your case is won.
Learn what the award-winning personal injury lawyers of Munley Law can do for you by calling us today.
Types of Defective Product Claims
Injury victims deserve compensation from the liable party, be it a defective car part, toy, household appliance, medical device, or drug. While we handle several product liability claims, certain cases occur more often than others.
Though the United States Consumer Products Safety Commission (CPSC) works to mitigate these issues, product liability claims will always exist.
Recalled Medications
The U.S. Food and Drug Administration (FDA) handles pharmaceutical safety and recalls. In the first quarter of 2024, the FDA recall database had roughly 200 entries.
If you or a loved one suffered serious injury, illness, birth injury, or even death from a recalled drug, you may have a defective product claim.
Consumer and Household Products
Consumer products and household goods, including furniture, cleaning supplies, cosmetics, and personal care products, have potential risks, even if we do not think they can.
Common risks with household products may include toxic exposure, electrical problems causing fires or electrocution, and even wrongful death.
Electronics
With the advent of smartphones, tablets, smart televisions, and appliances comes a risk of harm. Despite these products being intended to make life easier, sometimes they can cause chaos.
Be it components on a phone overheating, causing burns, televisions not being manufactured properly, leading to falls and hurting children, or appliances causing electrical shortages, injuries, and property damage.
And while your homeowner insurance company may cover certain damages your home sustains because of these faulty products, it likely will not be enough if you also sustained injuries.
Munley Law can help you navigate claims for defective electronics so you secure the compensation you need to move forward from your injuries.
Automotive Parts
When motor vehicle accidents occur, victims look to their insurance company for financial recovery for medical expenses and lost wages. But what happens when the accident was not the fault of either driver but the result of defective automotive parts?
Car accident victims have a right to pursue compensation against negligent parts manufacturers for their injuries. An auto accident attorney or products liability lawyer can guide you through holding the negligent party accountable.
Medical Devices
If you suffer from a chronic condition or health issue requiring a medical device, you expect that product to work as intended. Unfortunately, when the devices designed to keep us healthy and safe cause bodily harm or severe illness, those responsible need to be held accountable.
Standard medical devices include:
- Contraceptive devices
- Defibrillators
- Implants and surgical mesh
- Stents
- Pacemakers
- Kidney dialysis filters
- Joint replacements like knee and hips
While there is often a risk of injury for most medical devices, when the product causes more harm than good, victims need to have options.
Securing Maximum Damages in a Product Liability Case
The compensation you receive in a product liability claim will ultimately depend on the severity of your injuries and the amount of harm done. While there are safeguards in federal product liability laws meant to protect consumers, large corporations will always find loopholes to mitigate their blame.
However, you can be ready to take on these businesses with a team of attorneys with a track record of success.
Further, we will ensure that we adhere to filing deadlines, as the statute of limitations for personal injury claims in Pennsylvania is two years from the event or the discovery of harm. Once we’re on your team, we ensure you don’t miss these deadlines, helping you get the most money for your case.
Contact a Product Liability Lawyer in Erie, PA
If you or a loved one suffered severe injury or illness due to a defective product, call Munley Law. Our Erie products liability lawyers handle defective product claims for various consumer goods.
We know that going against a company or their insurance company can be daunting as they have their legal team to protect them from litigation. But as a catastrophic injury victim, you have a right to be compensated for the harm their product has caused you.
The product liability lawyers of Munley Law work on a contingency basis, so money is not holding you back from taking legal action. We work with you so you can get the most from your claim.
Don’t wait to call. For a no-obligation, free case evaluation, contact Munley Law today.
Personal Injury Claims We Handle in Erie, PA:
- Erie personal injury lawyer
- Erie truck accident lawyer
- Erie car accident lawyer
- Erie workers compensation lawyer
- Erie rideshare accident lawyer
- Erie Uber accident lawyer
- Erie Lyft accident lawyer
- Erie premises liability lawyer
- Erie medical malpractice lawyer
- Erie motorcycle accident lawyer
- Erie brain injury lawyer
- Erie pedestrian accident lawyer
- Erie bicycle accident lawyer
- Erie wrongful death lawyer