Pennsylvania Product Liability Lawyer

Consumers have a reasonable right to expect their products to be safe to use as advertised. Product liability law protects consumers hurt by unsafe products and holds negligent manufacturers and retailers accountable. If you’ve suffered an injury or illness because of a dangerous product, a Pennsylvania product liability lawyer at Munley Law can help you get the justice you deserve. We have successfully handled numerous cases against industrial manufacturers, automotive companies, medical device makers, and other big companies whose products caused harm. 

Contact us today for a free consultation. We do not get paid unless we win your case. 

What Is a Product Liability Claim?

A product liability claim is a legal claim brought against a product manufacturer, distributor, supplier, or retailer that caused a consumer injury or harm due to a defect or failure in the product. These claims are based on the principle that manufacturers and sellers must ensure their products are safe. When products fail to meet safety standards or expectations, and consumers are harmed, the injured parties may seek compensation for their injuries, damages, and losses through product liability claims. Product liability claims can be made against makers of defective products like medical devices, unsafe drugs, dangerous consumer and household products, automotive parts, electronics, and more.

Three Main Types of Product Defects Form the Basis of Product Liability Claims.

Design Defects

In these cases, the product’s design is inherently unsafe, even if nothing goes wrong in manufacturing. The entire line of products is fundamentally dangerous due to poor design choices. Claimants in design defect cases must often show that there was a feasible, safer alternative design that the manufacturer could have chosen instead. An example could be a certain model of a car that tends to flip over while making sharp turns, even when used as intended.

Manufacturing Defects

These claims are based on defects that occur during the manufacturing process. Despite a product being safely designed, something goes wrong in the factory or during production, resulting in an unsafe product. A manufacturing defect will usually affect a single product or a batch rather than an entire line of products. 

Failure to Warn

These claims arise when a product lacks adequate warnings or instructions about its proper use or fails to warn consumers about potential risks and hazards associated with the product. The product might be safe when used correctly, but the lack of warnings can lead to misuse or exposure to dangers that the consumer is unaware of. An example might be a powerful cleaning chemical that doesn’t have clear instructions or warnings about the need to wear protective gloves, resulting in chemical burns to users.

What Is an Example of a Product Liability Case?

The Takata airbag scandal is one of the most notorious product liability cases involving automotive parts. Takata Corporation, a major supplier of automotive safety equipment, manufactured airbag inflators that used ammonium nitrate-based propellant without a chemical drying agent. Over time, exposure to moisture and temperature fluctuations could cause the propellant to degrade. This degradation could lead to explosive combustion of the fuel in a crash, causing the airbag’s metal inflator housing to rupture and project shrapnel into the vehicle’s cabin. These defective airbags were linked to numerous injuries and deaths worldwide. The issue led to the largest automotive recall in U.S. history, involving millions of vehicles from various manufacturers around the globe. 

In another example, in 2016, Samsung faced a significant product liability issue with its Galaxy Note 7 smartphone. Shortly after its release, reports of the device overheating and catching fire emerged. The problem was traced back to a design flaw in the lithium-ion batteries, which led to short-circuiting and fires in some units.

How Can a PA Defective Product Lawyer Help My Case?

A Pennsylvania defective product lawyer can be instrumental in a product liability case. Their expertise is critical in establishing the basis for a claim, proving fault, and securing compensation for injuries or damages caused by defective products.

An experienced product liability lawyer deeply understands Pennsylvania’s product liability laws, including relevant statutes, regulations, and court precedents. They can provide expert guidance on the legal aspects of your case and help you understand your rights and options under Pennsylvania law. 

Your lawyer will investigate your claim, identify who can be held responsible, and calculate the total value of your damages. Your lawyer will then negotiate with the defendants and their insurance companies on your behalf to seek a fair settlement that compensates you for your injuries and damages. If a fair settlement can’t be reached, your lawyer will be prepared to represent you in court. 

Your lawyer will provide you with ongoing legal counsel, support, and guidance throughout the legal process. They will keep you informed about the progress of your case, answer your questions, and address any concerns you may have.

Who Can Be Held Responsible for a Defective Product in Pennsylvania?

Multiple different parties may be held responsible for a harmful product defect. 

Manufacturers: The manufacturer of the defective product is often the primary party held responsible in product liability cases. This includes companies involved in designing, assembling, or producing the product. Manufacturers can be liable for defects in the product’s design, manufacturing process, or marketing.

Retailers: Retailers that sell defective products to consumers can be held liable if they are aware of the defect or fail to warn consumers about known dangers associated with the product.

Designers and Engineers: Individuals or companies involved in designing or engineering the product may be liable if the design is defective and unreasonably dangerous.

Testing Laboratories: Testing laboratories or facilities responsible for testing the safety and reliability of products may be held liable if they negligently performed their duties or failed to detect defects that should have been discovered.

A Pennsylvania product liability lawyer will carefully assess your case to identify any parties responsible for the product defect that caused you harm. 

Speak with a product liability lawyer near me.

Call Now

How Do You Prove a Product Is Defective?

To prove negligence in a product defect case, your attorney must prove four main things. First, they must prove that the defendant owed you a duty of care. Then, they must prove that the defendant violated that duty by producing or selling a product containing a defect in design, manufacturing, or warning/advertising. They must show that the defect caused injury or illness and that you suffered damages. Damages may include medical bills, lost income, pain and suffering. 

To prove your case, you will need evidence. Take photos and videos of the defective or malfunctioning product and any injuries or damage it caused. Keep careful records of your injuries and medical treatment. Be sure to document any communications with the product’s manufacturer or retailer. However, do not accept any offer of compensation or reimbursement without speaking to a lawyer first. 

Can I Sue Even if a Product Has Been Recalled?

You can sue for damages even if a product has been recalled. A product recall is an action the manufacturer, distributor, or retailer takes to remove a product from the market or correct a safety issue. However, a recall does not absolve the manufacturer or other parties involved in the supply chain from liability for any injuries or damages caused by the defective product.

A product recall can sometimes strengthen a plaintiff‘s case in a product liability lawsuit. It can prove that the product was defective and that the manufacturer or other parties knew it. Additionally, the fact that a recall was issued may demonstrate that the defendant failed to take adequate measures to ensure the safety of consumers or provide timely warnings about the product’s dangers.

If a recalled product has injured you, consult a qualified product liability lawyer to discuss your legal options. 

Consult a Dedicated Pennsylvania Product Liability Lawyer

When companies knowingly release unsafe products to the market, they must be held liable for the harm they cause to consumers. Whether you were harmed by an electronic device or a pharmaceutical product, you deserve fairly compensated for your damages. Contact a Pennsylvania product liability attorney at Munley Law for a free consultation today. There is no fee for our services unless we win your case.