Every day, we depend on consumer products to live. From the vehicles we drive to the medications we take to the toys our children play with, we hope these goods have been designed, manufactured, and sold with the utmost care. Unfortunately, the products we rely on most are at risk of being dangerous or defective. If you or a loved one were hurt due to a dangerous or defective product, call the product liability lawyers of Munley Law.
For 65 years, Munley Law has represented victims in their most complex personal injury claims. Our experienced product liability lawyers have been named among the Best Lawyers in America, selected to Pennsylvania Super Lawyers, and are board-certified by the National Board of Trial Advocacy. With a track record of securing multi-million dollar settlements and verdicts, working with a personal injury attorney from Munley Law can make all the difference in your product liability lawsuit.
To schedule a no-obligation, free consultation, call the product liability lawyers of Munley Law today.
$32 Million Wrongful Death
$26 Million Truck Accident
$20 Million Commercial Vehicle Accident
$17.5 Million Car Accident
$12 Million Work Injury
$11 Million Truck Accident
$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
Understanding Product Liability
Product liability refers to a type of personal injury claim in which manufacturers, distributors, and retailers are held responsible for any damages caused by their products to consumers. While each state has its own product liability laws, certain elements of most legislation remain the same. These elements include:
- The defendant may be the defective product’s designer, manufacturer, or retailer.
- To have a product liability claim, you or a loved one must have been injured by the defective product and suffered damages. These may include physical harm or property damage. However, you did not have to purchase the item—it could have been borrowed or gifted, and product liability law still protects you.
Product liability law differs in the type of claim you may make. Depending on your jurisdiction, your product liability claim may be based on negligence, strict liability, or breach of warranty.
- Negligence holds the designer, manufacturer, or seller responsible when the product fails to meet safety standards and causes harm. This can also include inadequate warnings of potential harm.
- Strict liability holds the designer, manufacturer, or seller responsible for defective products even if they did not know of the defects or did not intend to harm consumers.
- Breach of warranty holds the designers, manufacturer, or seller at fault for products that do not meet the terms of the warranty, do not work as intended, or cause harm.
Because federal laws do not cover product liability claims, victims must work with a product liability attorney to navigate the complex process of filing a claim.
Speak with a product liability lawyer today.
Common Types of Defective Product Cases We Handle
Munley Law typically handles four types of product liability claims: design defects, manufacturing defects, marketing defects, and failure to warn claims.
- Design defects occur when a product’s design is overly dangerous. This means that even if the product was produced correctly, its design is still likely to cause harm to consumers. A common example of a design defect is a mechanical error on a car part. To establish a design defect claim for product liability, the victim must show that another design alternative would have been safer.
- A manufacturing defect occurs when a flaw occurs in the production of the product. The design was likely safe, but the consumer would suffer harm when the error occurred in all or just a few items.
- Marketing defects occur when a product does not contain adequate safety warnings or instructions or is not properly labeled for consumer use. Unlike a design defect or manufacturing defect, marketing defects do not necessarily mean there was anything wrong with the product; rather, they mean that consumers suffered harm because they were unaware of the dangers or specific uses of the product. Marketing defects can still be just as dangerous as manufacturing or design flaws.
- Failure to warn falls under the umbrella of marketing defects in many cases. Often, failure to warn claims revolve around the potential safety hazards of using the product or using the product incorrectly. These notices and labels are meant to warn consumers of the risks; yet, many defenses to failure to warn claims is that the consumer should have known some of the obvious dangers, such as a hair dryer may cause electric shock if it comes in contact with water.
In establishing the types of product liability cases, there are tests your legal team can conduct. These include the Risk-Utility Test and the Consumer Expectation Test.
The Risk-Utility Test asks if the product’s use outweighs its risks. Under the test, a product is defective if a “reasonable person” would say that the severity of harm the product can cause outweighs the cost of taking precautions.
The Consumer Expectation Test determines if the product defect is what consumers would ordinarily expect of the product and asks if the product’s danger was known to the average consumer.
If a consumer product harmed you or a loved one but are unsure what type of claim you need to file, Munley Law can help. Call today to schedule a no-obligation, free consultation with our product liability lawyers.
Schedule a free consultation with a defective product lawyer.
Establishing Liability in Product Defect Cases
To have a product liability case and establish liability, you must prove that the product was defective and that the defect caused your injuries. A few things to note when establishing liability in a product defects claim include:
- What type of defect exists
- Is there causation? Is there a direct connection between the defect and your injuries?
- Did you suffer injuries or actual damages?
- Were you using the product as a reasonable person would–ie. were you exercising reasonable care?
- Is your claim for negligence or under strict liability against the manufacturer or seller?
Establishing liability can be challenging, but your personal injury lawyer can help by collecting evidence, reviewing your medical records and property damage, etc. From there, you can prove the type of products liability claim you have and what legal claim you will make.
The Dangers of Defective Products
Defective products can cause mild to severe injuries, including physical harm, emotional trauma, and, in serious cases, even death. According to the Consumer Products Safety Commission (CPSC), millions of people visit hospital emergency departments yearly due to injuries caused by defective products. In 2020 alone, an estimated 28,535,000 people sought medical attention for an injury related to a consumer product.
Dangers of defective products include:
- Cuts, burns, broken bones
- Traumatic brain injuries (TBI)
- Emotional trauma like anxiety, depression, and post-traumatic stress disorder
- Financial losses like medical bills, lost wages, and property damage
- Fear or mistrust in using a similar product again
- Wrongful death
If you or a loved one suffered serious injuries due to a defective product, you need an experienced product liability attorney at your side. The personal injury lawyers of Munley Law can help you file a claim, establish if the manufacturer or seller was strictly liable or negligent, and secure the financial compensation you need to recover.
Filing a Product Liability Claim
To file a product liability claim, it is in your best interest to seek out an experienced product liability lawyer. This ensures that you file your claim properly, adhere to deadlines, and understand every step of the legal process.
Product liability attorneys from Munley Law can help you seek compensation for your injuries, establish who is liable, and ensure you get maximum compensation for your losses.
To file a product liability claim, you must prove harm occurred and then collect the relevant evidence needed. From there, you will file a complaint against the at-fault party and then begin the legal process once the complaint has been accepted.
The hope is the liable party will want to settle outside of court, but if they do not, you will need to go before a judge to get the compensation you need.
You may be entitled to compensation for medical expenses, lost wages, pain and suffering, and more through a personal injury lawsuit.
If dangerous products harm you after using them for their intended purpose, you might have a personal injury case. Call Munley Law to learn your options.
Speak with a product liability lawyer today.
The Role of a Product Liability Lawyer
Not all personal injury cases require the expertise of a lawyer. But when seeking compensation for a defective product, working with a legal team can be in your best interest. A product liability lawyer will guide you through the product liability process, determine who is responsible for your harm, mitigate your negligence if there is a question you share in fault, and help you file a claim with the insurance companies. If a settlement cannot be reached, your lawyer will help you fight against the liable parties in court.
Most consumer products come with some minor risks if not used properly. But when a product has flaws from the manufacturing or design process or was not marketed appropriately, leading to unreasonable risk, you may have a claim.
A product liability attorney can help you get compensation for your faulty product injury. If the defective product caused death, a lawyer can guide the family through the wrongful death process to secure compensation for funeral and burial costs, loss of income, loss of consortium, and more.
Consumer products are meant to make our lives easier, but when they cause harm that alters the course of your and your family’s lives, you have legal options. Munley Law has handled numerous product liability cases, including household appliances, consumer goods, children’s toys, vehicle parts, medical equipment, and pharmaceuticals.
Our proven track record includes multimillion-dollar settlements and verdicts that secure our clients’ fair compensation, including a two-million-dollar settlement from a foreign medical device manufacturer.
Whether you were hurt by faulty medical devices, an unsafe appliance, or medication, a Munley Law trial attorney can guide you through the dangerous product claims process to get you the compensation you need.
Compensation in Product Liability Lawsuits
Injury victims have a right to compensation when a defective product causes them harm. Commonly awarded compensatory damages in product liability lawsuits include medical expenses, lost income, pain and suffering, and property damage.
In cases where the defendant was grossly negligent, intentional, or malicious, punitive damages may be awarded as a punishment for their actions.
While there is no average settlement amount for product liability claims, as all cases are different and will ultimately depend on the severity of the injuries sustained, there are things you can do to ensure you get maximum compensation–meet with a Munley Law product liability lawyer before speaking with the insurance company. If you accept a settlement from the insurance before speaking with an attorney, you risk missing out on the compensation you may have collected. Further, accepting a settlement means you cannot sue for additional damages.
To get the compensation you deserve, call Munley Law.
Why Choose Munley Law for Your Product Liability Claim
By choosing Munley Law for your product liability claim, you can rest assured that your case is handled by award-winning lawyers with a track record of success in complex defective product claims.
Further, unlike other personal injury law firms, we have experience in trial law and will litigate your case from start to finish, all with a client-centered approach.
Don’t wait to seek legal counsel for your product liability case. If a defective product harmed you or a loved one, act quickly, as the statute of limitations for a product liability claim is between one and six years, depending on the state you are in. An experienced lawyer will review your case and ensure you meet filing deadlines.
Further, we work on a contingency fee basis, which means there are no up-front legal fees, and we only get paid if you win.
To establish an attorney-client relationship, schedule your free consultation today with Munley Law and learn your legal options.
