Consumers have the right to expect the products they buy with their hard-earned money are safe and reliable. When a defective product causes an injury (and in many cases, a catastrophic injury) the results can be devastating. In these cases, the injured person may have a valid products liability claim against the product manufacturer, distributor, or retailer responsible for putting the dangerous product on the market.
If you or a loved one were injured by a dangerous product, call the Harrisburg products liability lawyers at Munley Law today. During a free initial consultation, our defective product attorneys will breakdown what your product liability case will look like and outline our legal strategy to secure a settlement or verdict in your favor.
What Is a Product Liability Claim?
A product liability claim is a legal action taken against any or all parties along the chain of manufacture of any product for damage caused by the product. Injured individuals file these personal injury claims when faulty products cause injury or property damage.
According to Pennsylvania product liability law, manufacturers, distributors, and retailers have a duty to the consumer to ensure all products brought to market are safe for their intended use. If a product is defective and causes the consumer harm, the responsible parties may be liable for compensatory damages.
Unfortunately, injuries resulting from faulty consumer products are on the rise. In 2023 alone, more than 12 million people were treated in emergency rooms for injuries from defective products.
A product liability lawsuit typically falls into three categories: manufacturing defects, design defects, and failure to warn.
Manufacturing Defect
A manufacturing defect occurs when a product is improperly made, deviating from the intended design. This can happen due to errors in the production process, such as faulty materials or assembly process.
Design Defect
A design defect exists when the product’s design itself is inherently dangerous or defective. This means that even if the product is manufactured perfectly, it is still unsafe due to inherent defects in design.
Failure to Warn
Failure to warn is when a product is dangerous or defective, but the manufacturer fails to provide adequate warnings or instructions about its risks. This includes not informing consumers about potential hazards or proper usage of the product.
Defective Products in Harrisburg
Defective products can be anything you purchase, from prescription drugs to personal care products, to various equipment and machinery. Some of the most common defective products sold are:
Medicines
Unfortunately, there are several ways pharmaceutical drugs can harm a patient. Errors in the manufacturing process can lead to medications containing the wrong amount of active ingredients or the wrong ingredients entirely. The medicine may become contaminated with harmful substances like bacteria or heavy metals. Additionally, if manufacturers or retailers are unaware of all the potential side effects, they may fail to warn customers about potential harm it could cause.
Household products
Many household products contain harmful chemicals that put consumers at risk of danger. These products can cause health problems or immediate injuries if they aren’t used or handled properly. Misleading or incomplete labels lead to thousands of defective product accident victims every year.
Auto parts
Faulty brakes, steering wheels, airbags, and tires can all cause catastrophic motor vehicle accidents. Poorly designed car parts, using substandard materials during the assembly process, and other automotive defects will increase the risk of accidents.
Medical devices
While medical devices are an amazing use of technology, defective designs of these products can make these medical wonders extremely dangerous to the consumer. Faulty pacemakers, defective surgical instruments, and other dangerous medical products increase the risk of misuse, malfunctions, or medical accidents.
Equipment and machinery
Poorly designed equipment or machinery can increase the risk of accidents or injuries. Additionally, if machinery or equipment is not assembled properly or not installed properly, it can cause slip and fall accidents, explosions, or crushing accidents.
How Much Is My Product Liability Claim Worth?
There is no exact value of a product liability claim. There are a number of factors that determine the final settlement or verdict you’ll receive, including the severity of you injuries, the amount of income lost, the necessity of future medical treatment, and more.
However, when you work with a Munley Law product liability attorney in Harrisburg, we will work to recover maximum compensation for your financial losses. Our product injury lawyers firmly believe you shouldn’t foot the bill for someone else’s negligence. We meticulously go through every possibility where this injury could affect your finances and we work to secure compensation for all those possible scenarios.
In order to form a winning product liability claim, our experienced attorneys work to establish the four elements of negligence in your lawsuit:
- Duty of care: The manufacturer, distributor, or retailer had a legal duty to provide a safe product.
- Breach of duty: The defendant breached this duty by selling a defective product.
- Causation: The defect in the product directly caused your injury or property damage.
- Damages: You suffered economic and non-economic damages as a result of the defective product.
If you can prove these elements, you may be eligible to recover financial compensation for:
- Medical expenses: Medical bills associated with your diagnosis, treatment, rehabilitation, and ongoing medical care.
- Lost wages: Compensation for lost income due to your injury or disability.
- Earning Capacity: Damages for potential future income loss if your injury prevents you from returning to your work, or from working to your full capacity.
- Pain and suffering: Compensation for the physical and emotional pain and suffering.
- Punitive damages: In some cases, punitive damages may be awarded to punish the defendant for their reckless or malicious conduct.
Contact a Harrisburg Product Liability Attorney at Munley Law Today
Personal injury cases of all kinds can be very confusing, especially if you are suffering from your injury. Product liability cases are no exception. With different legal doctrine, theories, and principles, the layman will have a difficult time understanding the claims process alone. That’s how a Munley Law product liability lawyer can help.
Our law firm has recovered millions for our clients in product liability cases. We are confident we can build a winning legal strategy that will secure you and your family fair compensation. Our product liability attorneys are trustworthy, communicative, and have a proven track record of success. We offer personalized attention and an unwavering commitment to your case.
To discuss your case with an expert product liability attorney, contact a Harrisburg personal injury lawyer at Munley Law firm today for a free initial consultation. We work on a contingency fee basis, meaning you won’t owe any legal fees unless we recover compensation for your losses. Call today to get the process started.
