If you have suffered an injury from an unsafe product, contact a product liability lawyer at Munley Law Personal Injury Attorneys for a free consultation
We all have the right to expect that the products we purchase have gone through a certain level of quality control and are all safe to use or consume. However, too often, manufacturers will cut corners, and whether through negligence or greed, put your safety on the line. This can ultimately lead to a very dangerous or defective product.
When a defective product causes a serious injury, the lasting results can affect our lives forever. Unsafe or dangerous household appliances, automobiles, prescription medications, and more can leave you permanently injured, unable to work, and in debt. An experienced product liability lawyer from Munley Law Personal Injury Attorneys can help you file a product liability lawsuit and bring you the compensation you need, so you can go back to living your life to its fullest.
Every dangerous products lawyer at Munley Law Personal Injury Attorneys has a national reputation for obtaining justice on behalf of their injured clients. With over 60 years of experience in product liability cases, we fight for those who have been injured or killed due to a defective product. Our board-certified civil trial advocates have consistently earned rankings among the Best Lawyers in America. Daniel Munley earned the title of Product Liability Lawyer of the Year – Plaintiffs, 2020. If an unsafe product has hurt you or someone you love, contact us today for a free consultation.
Why choose the product liability attorneys at Munley Law Personal Injury Attorneys for my defective product lawsuit
When an unsafe consumer product places your life on hold, keeping you from work while medical bills pile up, you need to be back on track as quickly as possible. The experienced team of dangerous product lawyers at Munley Law Personal Injury Attorneys understands Pennsylvania’s strict liability law and how it may apply to your product liability claim. We will do everything we can to bring you the compensation you deserve. When an unsafe or dangerous product causes you harm, the defective product lawyers at Munley Law Personal Injury Attorneys will fight for you every step of the way.
Research, investigation, and skilled litigation can be crucial to success, including the ability to explain to a jury what happened. We use the latest technology in all of our cases to help those injured by faulty products to get the best settlement or jury verdict possible. We have a track record of achieving highly satisfactory defective product settlements for our clients.
Moreover, our board-certified civil trial advocates have over 60 years of experience winning million-dollar verdicts and settlements in product liability cases. We have a team of lawyers for defective products that consistently ranks among the Best Lawyers in America, including top product liability attorney Daniel Munley who was named Product Liability Lawyer of the Year – Plaintiffs, 2020.
When misleading packaging, manufacturer error, or negligence causes you to be injured by a consumer product, you deserve everything necessary to put your life back on track. That’s why, at Munley Law Personal Injury Attorneys, we won’t charge a fee unless we win your case. And to date, we have won more than $1 billion in settlements and verdicts.
Dangerous & Unsafe Products Can Cause Personal Injury
Every consumer product you purchase is supposed to be safe. When it’s not, you need an experienced product liability lawyer from Munley Law Personal Injury Attorneys.
Every product manufacturer is required to ensure the safety of what they sell.
Unfortunately, sometimes products are unsafe or even deadly to use. Your car can have a faulty part that makes it unsafe to drive. Your prescription medication or the food you eat can be hazardous for human consumption. If a dangerous consumer product has seriously injured you or a loved one, product liability law allows you to seek compensation for your injuries.
The number of products that injure people every year in the United States alone is astonishing. According to the Insurance Information Institute, 58 children’s products were recalled in 2019 due to 776 incidents or injuries reported. And the United States Consumer Product Safety Commission keeps track of all dangerous and unsafe product incidents, with records that number in the thousands.
When a defective product injures you or a loved one, your physical pain is only the beginning. Lost wages, emotional pain, and suffering can be overwhelming. Our team of experienced defective product lawsuit attorneys will do what it takes to win you the largest settlement or verdict possible.
Pennsylvania Strict Liability Law May Apply to Your Defective Products Case
Generally speaking, product liability litigation falls under the notion or theory of strict liability. Simply put, strict liability states that if a dangerous or unsafe consumer product injures you, you only have to prove the following:
- The product was defective
- The product caused your injury
With other kinds of personal injury cases, it’s sometimes necessary to prove that the defendant acted maliciously, recklessly, or without regard for safety. For instance, in a case involving a car accident, you would need to show that another party’s negligence caused or contributed to the accident. Perhaps the other driver was texting, or under the influence. But with strict liability and product liability, this piece of the puzzle is removed. The court understands that it would be next to impossible for a consumer or plaintiff to show exactly that a specific party acted maliciously in the chain of a defective product reaching the market. Moreover, whether or not there was intention or recklessness, the reality remains that the product is dangerous. For this reason, a consumer only has to prove that the product was defective in some form and that this directly caused harm.
At Munley Law Personal Injury Attorneys, your product liability attorney will help determine if the defective product was a substantial factor in causing you harm.
Generally speaking, in Pennsylvania, consumer products can cause your injury in one of three different ways:
Products with manufacturing defects, while designed to be safe, contain some kind of flaw due to an error in how they were made. This might include faulty construction or accidental contamination from the product manufacturer. Even if the product was designed correctly, this manufacturing defect — such as a missing bolt or screw — can lead to great harm. For this reason, oversight of the manufacturing process is crucial.
A product with a design defect contains a flaw in the design that makes the product unsafe. The product may contain a feature that makes it unsafe, or the product may lack a feature to make it safe for use or consumption. An example of a design defect might be something like a curling iron that sparks when heated — in this case, there is a clear flaw in the design of a product.
Failure to Warn
This is also known as a marketing defect, and means that the product lacked proper warning or instructions about the product’s potential risks. Most consumers are familiar with the warning labels and instructions that decorate all kinds of products; the lack of adequate warnings or adequate instructions such as these can be costly. Other types of marketing defects can include things like advertisements that show an improper or unsafe use of the product, or a product that comes with incorrect instructions that could lead to injury.
Because Pennsylvania is a strict liability state, you don’t have to prove that negligence caused your injuries. Instead, you need to show the existence of the defect and a relationship to the harm it caused you. Whether your injury was caused by a manufacturing defect, a design defect, or a failure to warn, you have a right to justice.
The Risk-Utility Standard
Products generally must also meet a risk-utility standard (this is also referred to as passing a risk-utility test). This is, in essence, a cost-benefit analysis of whether the risk of using a product is outweighed by the benefit. Under this standard, a product is considered to be defective if a reasonable person would determine that the likelihood and severity of harm a product could cause is greater than the burden of taking necessary precautions against this harm. The courts can determine whether the economic costs of impending or possible lawsuits are higher than the cost of changing the overall product design in order to make it safer.
Who can be held liable for a dangerous product in Pennsylvania? When a defective product injures you, anyone in the distribution chain can be held liable, including manufacturers, wholesalers, distributors, retailers, or lessors.
The product liability attorneys at Munley Law Personal Injury Attorneys can help you receive the compensation you need when a dangerous product causes you serious injuries. For almost 60 years, Munley Law Personal Injury Attorneys has been the go-to firm for injured workers and their families. No firm is more experienced or more successful in handling product liability lawsuits and puts you first.
At Munley Law Personal Injury Attorneys, we won’t charge a fee unless we win your case. And to date, we have won more than $1 billion in settlements and verdicts.
Experience that wins products liability cases in Pennsylvania
At Munley Law Personal Injury Attorneys, we have a team of expert witnesses to help you win your defective product case. Our team of attorneys knows what it takes to win you the settlement or verdict you deserve. For over 60 years, we’ve won more than just compensation for our clients in these kinds of lawsuits — we’ve won justice.
If a defective or dangerous product has injured you or a loved one, call the experienced team of product liability attorneys at Munley Law Personal Injury Attorneys today for a free consultation by calling toll-free at (570) 338-4494 or email us today.
Types of Product Cases We Handle
At Munley Law Personal Injury Attorneys, we have helped people who have been hurt or lost a loved one due to defective products of all kinds. Some of the most common types of product liability lawsuits include:
Medical Devices – There have been many different types of medical devices and tools that were found to cause patients harm. Some examples include the IVC blood clot filters, Stryker hip implants, hernia mesh, knee replacements, and more.
Automotive Parts – Unsafe auto parts can lead to terrible crashes and claim innocent lives. We have handled cases involving faulty ignition switches, explosive airbags, and more.
Medicine and Prescription Drugs – It is not uncommon for prescription and over the counter medication to be found harmful, or even carcinogenic. If you or a loved one developed cancer, suffered a serious illness, or died because of dangerous medication, you may have a product liability case.
Consumer Products – Household items, from furniture to cosmetics and personal care products, have been recalled for the danger they pose to consumers.
Heavy Machinery – Heavy equipment and machinery used in industrial settings or on construction sites can malfunction, leading to workplace injuries and death. We have represented injured workers and their families in cases against manufacturers of machinery and equipment.
Frequently Asked Questions
Can I sue for a product recall?
Yes. In many cases, product recalls are followed by a class action lawsuit in which the people who were hurt by a specific product take collective action against the manufacturer. However, even if you are not a member of a class action, you may be able to bring an individual case against the company responsible for your injury. Products liability lawyers at Munley Law Personal Injury Attorneys can help you determine the best course of action.
Generally, class action lawsuits are advised for cases in which the individual impacts are not severe, but taken as a whole, paint a picture of a product that’s extremely dangerous. If a toaster oven is giving many users minor burns, no individual case may be worth a huge amount, but coming together to file a class action can have a real impact. Conversely, individual cases are usually recommended for more severe situations. If one individual experienced catastrophic harm from defective products, their best bet at substantial compensation would likely be via the route of an individual case.
Unfortunately, it often takes multiple tragedies for a product to be recalled from the marketplace. By then, of course, the damage has already been done for a number of families.
What is implied warranty?
Most goods are covered by something called “implied warranty”. This is essentially a legal term that means that a consumer can expect a product to work as advertised, for a reasonable period of time, and that it will be of reasonable quality. In other words, the product should conform to a reasonable and ordinary buyer’s expectations. A consumer can assume that if they buy a microwave, it will make their food hot. Specific laws vary from state to state, so it’s important to examine the rules in your area.
It’s also important to note that this safety measure for consumers applies only to items purchased in a store. In other words, if you buy a TV from your neighbor that doesn’t work, you would not be entitle to a refund or repair.
Is there a statute of limitations on a dangerous product claim in Pennsylvania?
In Pennsylvania, the statute of limitations for a product liability lawsuit is two years from the date of your injury. After two years, you relinquish any rights to your claim, which is why it is vital that you speak with a defective product attorney as soon as possible. There are some instances when the statute of limitations is suspended, which your dangerous products attorney can describe to you.
Are there different types of product liability claims in Pennsylvania?
In Pennsylvania, you can file three types of defective products claims, depending on your specific circumstances. These include claims for design and manufacturing defects, as well as failure to warn.
What are the most common types of product liability claims?
While defective product lawsuits can involve any type of consumer product, some are more common than others. The most common products involved are usually car parts, medical devices, lawn equipment, medications, toys, and power tools.
How much is my product liability case worth?
Product liability lawyers, like those at Munley, will help ensure that you receive the maximum amount of compensation for your injuries. Damages may include past, present, and future medical expenses, lost wages, reduced earning power, loss of consortium, pain and suffering, and more.
The amount of compensation you receive depends on a number of factors specific to your unique situation. In order to determine the total compensation you are owed, your legal team will evaluate the extent of your injuries, the costs of your medical care including any expected future treatment or ongoing therapy, your lost wages and ability to work in the future, any permanent scarring or disability, and more. We work with medical and economic experts to thoroughly analyze monetary and non-monetary damages.
What if I was injured by an old product?
There is no rule stating that you cannot file personal injury claim if a product is a certain number of years old. However, the law also recognizes that every product has a “useful lifespan”, and is not expected to function perfectly for all time. At a certain point, an item deteriorates, and safety risks become heightened. If you are an injured consumer who was harmed by an old product, contact the product liability lawyers at Munley Law Personal Injury Attorneys today. Our liability lawyers will review your case and advise you on the best path forward.
What types of injuries are usually involved in a product liability lawsuit?
Unsafe consumer products can cause you to sustain severe and long-term injuries, which can cause thousands of dollars in medical bills or force missing work for long periods. Such injuries can include broken bones, fractures, burns, internal injuries, toxic exposure, paralysis, loss of a limb, blindness, wrongful death, or other severe injuries.
Who decides whether a product is defective in Pennsylvania?
There is case law in Pennsylvania,Tincher v. Omega Flex, where the Supreme Court determined that jurors determine whether a product is defective. In this case, Terence and Judith Tincher experienced a fire in their home and filed a claim against Omega Flex, the company that had produced and installed the metal tubing that allowed their fireplace to function.
What should I look for when hiring a product liability lawyer?
When a defective product injures you, you need a product liability lawyer who will fight for you. At Munley Law Personal Injury Attorneys, we recommend you look for the following when choosing an attorney:
- Experience: Find a defective product attorney who understands the law
- Success: Find an unsafe product lawyer with a track record for winning
- Comfort: Find a product liability lawyer who listens to you
- Resources: Find a product injury lawyer and firm that has the resources to fight hard for you, including representing you in court if needed
Our team of experienced product liability lawyers will do what it takes to win you the largest settlement or verdict possible. We can help you and your family receive compensation for everything you need when injured by a defective product, and we will always have your best interest at heart. Product liability litigation is an incredibly complex field, and you want the best product liability lawyers on your side.
Work with a Product Liability Lawyer with Experience
We all expect the consumer products we purchase to be tested for safety and quality control. When a manufacturer’s negligence results in severe injury or harm, medical bills, lost wages, pain, suffering, and emotional distress can be overwhelming. You need a product liability lawyer who can bring you a settlement or verdict that you deserve after your stressful experience with a dangerous or defective product.
For more than 60 years, Munley Law Personal Injury Attorneys has been the go-to firm for injured workers and their families. The defective product lawyers at Munley Law Personal Injury Attorneys are recognized nationwide as the best at what they do, winning cases while keeping focus entirely on you.
At Munley Law Personal Injury Attorneys, we believe that cost should not stand in the way of justice for the injured. Therefore, we do not collect a fee for our services unless we recover benefits for you. As our client, you will not have to pay anything upfront. We have offices in Philadelphia, Scranton, Wilkes-Barre and many more locations.
Chat, email, or call us today to arrange a free consultation with a product liability lawyer.