The products we use every day should be safe, right? Unfortunately, this isn't always the case. Each year, thousands of product liability claims are filed for defective products that cause injury to consumers. If you have been injured due to a defective product, a Pittston product liability lawyer can guide you through the legal process.
For a free consultation, contact the product liability lawyers of Munley Law.
Types of Product Liability Claims
Product liability claims arise when defective or unsafe products harm consumers. These claims can be categorized into three primary types: design defects, manufacturing defects, and marketing defects.
Design Defects
Design defects focus on a product's design flaws that make it inherently unsafe to consumers. In these cases, the argument is that the product's design is fundamentally dangerous, even when made to specifications.
An example of a design defect would be a children's toy that becomes broken and thus a choking hazard after light play as it was designed. In these cases, the victim would have to show that there was a feasible, safer design that could have reduced or avoided the risk of harm.
Manufacturing Defects
Manufacturing defect claims result from errors that occur during the production or assembly of a product. Often, a manufacturing defect would not impact an entire line of products but rather just a bath of them.
An example of a manufacturing defect would be a bath of baby formula being contaminated during production. In manufacturing defect claims, the victims must show that something went wrong during the manufacturing process, resulting in the defective product.
Marketing Defects (Failure to Warn)
Marketing defects, or failure to warn claims, result from products that do not have proper precautions listed for consumers. For example, if a cleaning product requires ventilation during use or cannot be used with other products, but there is no warning on the product's label, the manufacturer or seller could be held liable.
Understanding the type of product liability claim you have is critical for the success of your claim.
Liability in Product Liability Claims
Determining liability in a defective product claim can be a complex process involving various parties who may be responsible for a consumer's injury. The consumer expectations standard will often be implemented to determine who failed to warn consumers of the defect or who created the defective product.
Liability in these cases can lay with several parties and, in some cases, multiple parties who share in negligence.
- Manufacturer Liability: More often than not, manufacturers are responsible for ensuring their products are safe for consumer use and, therefore, liable in a defective product claim. Should a product have an inherently dangerous design flaw, or if an error occurs during manufacturing, the manufacturer would be held responsible. In cases where the product is created with multiple manufacturers, each can be held liable.
- Retailer Liability: Retailers can also be held liable for selling defective products if they know, or should have known, that the product is defective or unsafe. This aspect of liability is based on the principle that every party in the supply chain must ensure product safety.
- Wholesalers and Distributors: Wholesalers and distributors in the supply chain can also be liable for distributing a defective product if they sell it to retailers, knowing it is unsafe or could be unsafe.
In addition to knowing who is potentially held liable for the injuries caused by defective products, victims also need to understand what liability standards apply to their claims.
Under “strict liability,” the injured party does not need to prove negligence; they only need to prove that the product was defective and the defect caused their injury. This is important to understand as the legal burden is on safety measures instead of manufacturers, retailers, or wholesalers' behavior and intent.
It is worth noting that if a consumer's actions contributed to the harm caused by the product–such as not using the product as intended, they may not be able to recover damages.
Because of the intricacies of product liability law and the number of parties who can be held liable in a claim, victims of defective products need a Pittston product liability lawyer to represent them and have the most successful case possible.
Pursuing a Product Liability Claim in Pittston
Navigating a product liability claim can quickly become complicated as multiple parties may be involved in the product's flaw, and victims may have injuries that are so severe that undergoing legal action can seem overwhelming. However, there are steps you can take with a Pittston product liability lawyer to ensure you get the compensation you deserve for your injuries.
The first step in pursuing a claim is identifying the product that caused the injury. Preserving the product in its post-accident state is crucial, as it is evidence of harm caused. Documentation, such as purchase receipts and photographs of the product and the injury, can strengthen the claim.
Once you have determined the cause of the accident, your legal team will help you identify all potentially liable parties to ensure comprehensive compensation.
It is essential to know that you only have two years from the date of injury to file a claim. Failure to do so will limit your ability to recover damages.
Once the cause of harm and identification of liable parties has occurred, your product liability lawyer can file the claim on your behalf, detailing the nature of the defect, the injury sustained, and the compensation sought.
In most cases, the claim will be settled outside of court, and your lawyer will negotiate with the insurance companies for you. However, your lawyer can also represent you in court if the case cannot be settled.
Most product liability lawyers work on a contingency fee basis, meaning you do not pay for their representative until a settlement or verdict is reached. This allows injured parties to seek the representation they need, regardless of financial standing.
Compensation For Product Liability
Like any personal injury claim, there are several damages you may be able to collect following your injuries. This includes:
- Medical Expenses: Because you can calculate the cost of medical treatment, medications, therapies, etc., medical bills are often the most immediate form of compensation you can recover. Usually, it covers further medical care and ongoing therapy if required.
- Lost Wages and Diminished Earning Capacity: Depending on the severity of your injuries, you may have been forced to spend time away from work. Your product liability lawyer may be able to get you compensation for lost income and diminished earning capacity if you are unable to return to your old job because of the long-term nature of your injuries.
- Pain and Suffering: This non-economic damage compensates for the physical pain and emotional distress from the injury. The value of pain and suffering is subjective but includes experiences like chronic pain, depression, anxiety, and loss of enjoyment of life.
- Punitive Damages: Punitive damages may be awarded if the defendant's actions were reckless or egregious. These are not related to the victim's injuries but are meant to punish the defendant and deter similar conduct.
- Loss of Consortium: In severe cases, the victim's spouse or family may be entitled to compensation for the loss of companionship, affection, and support caused by the injury.
- Wrongful Death: If an incident involving a defective product leads to death, the victim's family can pursue a wrongful death claim. This can include compensation for funeral expenses, loss of the deceased's future income, and loss of companionship.
There is no average settlement amount for a product liability case, as no two claims are identical. However, experienced product liability lawyers will look at similar cases to determine what compensation you may be entitled to.
Munley Law Personal Injury Lawyers Handle Pittston Product Liability Claims
Pennsylvania law works to protect consumers from harm due to a defective product. If you live in Pittston or anywhere in Northeastern Pennsylvania, the product liability lawyers of Munley Law are here to guide you through your defective consumer products case.
When we purchase a product, pharmaceutical, etc., we expect the manufacturers and retailers to do their part, taking precautions to protect consumers. But when that doesn't happen, you are entitled to damages for your injuries.
For a no-obligation, free consultation, contact a Munley Law Pittston product liability lawyer today.
