Manufacturers and distributors are legally responsible for ensuring their products are safe. Generally, there are three types of product liability claims: manufacturing defect, design defect, and failure to warn. Consumers have a right to expect products not to harm them when used properly. Yet millions of people are seriously hurt each year by defective products ranging from household appliances to children’s toys and vehicles.
If this has happened to you, our team of Pennsylvania product liability lawyers at The Rothenberg Law Firm is ready to assess your case and answer your questions during a free consultation. We are prepared to leverage our knowledge and experience to advocate for your rights so that you can recover compensation for your losses.
What Is a Product Liability Claim?
A product liability claim is a civil lawsuit that holds those responsible for damages caused by their products or services. You can base your claim on several theories of liability, including breach of warranty, negligence, and strict liability.
- A breach of warranty is based on a contract between you and the seller and means that the product should meet market expectations, e.g., when you purchase a car, you expect it to have working brakes.
- For negligence, the responsible party could be the manufacturer, the designer, the distributor, or the supplier who did not exercise reasonable care to ensure the product was safe.
- Strict liability only requires that the product is defective and unreasonably dangerous, which often provides an easier route to compensation.
Pennsylvania Product Liability Laws
Your legal team must prove the product was dangerous during normal use. Those eligible to bring a product liability claim must file a claim within the statute of limitations, which is currently two years in Pennsylvania. In addition, Pennsylvania is a modified comparative fault jurisdiction for personal injury cases, meaning a plaintiff can recover damages if they are less than 51 percent at fault.
What Should I Do After an Injury Caused by a Product?
Every product liability incident is different, so consult with an experienced product liability attorney in Pennsylvania for specific advice on what to do.
Here are some general guidelines:
- Seek medical attention. After being injured, visit a doctor or hospital immediately for treatment and documentation of your injuries.
- Save the product (if possible). If you can safely do so, save the defective product in its original condition to present as evidence.
- Document the incident. Write down everything you remember about the accident and keep any related documents, such as invoices and warranties.
- Hire an experienced attorney. Our qualified product liability lawyers in Pennsylvania can investigate your case and help you recover the damages you deserve for medical bills, lost wages, emotional distress, and pain and suffering.
Compensation for a Product Liability Lawsuit
The compensation you can recover in a product liability case depends on several factors. Your attorney may consider the following when estimating potential compensation:
- The extent of your injuries
- Nature and severity of the defect
- Negligence of the seller, manufacturer, or other parties
You may be eligible for economic damages, such as medical bills and lost wages. You may also receive non-economic damages such as pain and suffering. Our hardworking team at the Rothenberg Law Firm has over 50 years of experience, winning and collecting billions for our clients.
What Parties Are Liable in a Product Liability Action?
When pursuing a product liability action, the parties against which you may have a claim depend on your case. Generally, it is possible to pursue a claim against the following.
Manufacturers
The product manufacturer may face substantial legal consequences in the event of a product liability claim. Not only could they be held financially responsible for damages awarded, but their reputation in the marketplace may also suffer significant harm.
Parts Manufacturers or Suppliers
If any components or parts of the product were defective, the supplier or manufacturer may be liable. This is especially true if they fail to adequately warn of potential hazards.
Retailers or Distributors
Retailers and distributors of the product may also face legal consequences for any injuries caused by a defective product.
Designers or Engineers
The designer and engineer of the product may also face legal consequences in the event of a defect. However, this depends on their contractual obligations, which may detail the extent of their liability.
How Our Pennsylvania Product Liability Attorneys Can Help You
At The Rothenberg Law Firm, we focus exclusively on personal injury law. Over the years, product liability has become one of our most successful practice areas. We have a long history of pursuing top corporations and delivering justice for our clients. Schedule a free consultation with a Pennsylvania personal injury attorney to get started. We work on a contingency basis. This means there are no upfront legal fees. We do not take any money from you unless and until we are successful in winning your case.
