Product Liability
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Pittsburgh Product Liability Attorneys
The law of product liability holds corporations accountable when they design, manufacture, distribute or sell dangerous products that injure people. In Pennsylvania and throughout the United States courts apply the law of strict liability. Under the legal theory of strict liability, corporations are held accountable to consumers injured by a product proven to be unsafe for its intended or foreseeable use.
What Is Product Liability?
In this video, Pittsburgh birth injury attorney Brendan Lupetin discusses the nuances and details of dealing with product liability lawsuits.
“If you believe that you have been injured by a product, the first thing you should do is speak with a lawyer that is familiar with defective product law. These cases can be very complicated.”
Watch the video to learn more.
Product Liability Law FAQ
Defective products can pose a variety of risks and have the potential to cause injuries or fatalities in several ways. Here are some common ways that defective products can harm individuals:
- Design Defects: Design defects occur when there is an inherent flaw or error in the product’s design.
- Manufacturing Defects: Manufacturing defects occur during the production process and can result in individual products or batches being different from the intended design.
- Inadequate Warnings or Instructions: Products that lack sufficient warnings or instructions can pose risks to consumers.
- Contamination: Contamination of products can occur during the manufacturing, packaging, or distribution process.
- Defective Medical Devices: Medical devices such as implants, prosthetics, pacemakers, or surgical instruments can be subject to defects.
- Vehicle Defects: Defective automotive products, including faulty brakes, defective airbags, or malfunctioning steering systems, can lead to car accidents with severe injuries or fatalities.
- Children’s Product Hazards: Defective toys, cribs, car seats, or other children’s products can pose serious risks to young users.
It’s important to note that the extent of harm caused by a defective product can vary widely. Some defects may result in minor injuries, while others can have devastating consequences, such as permanent disabilities or loss of life. Identifying and addressing these defects is crucial to protect consumers and ensure their safety.
To mitigate these risks, government regulatory agencies establish safety standards and regulations for various industries. Manufacturers, distributors, and sellers are responsible for adhering to these standards, conducting proper testing, providing accurate warnings and instructions, and promptly addressing any reported defects or hazards.
Several parties may be potentially liable for a defective product that causes injury to someone. The specific parties held responsible can vary depending on the circumstances and jurisdiction, but generally, the following entities may be held liable:
- Manufacturer
- Distributor or Wholesaler
- Retailer or Seller
- Component or Parts Manufacturer
- Product Designer or Engineer
- Testing Laboratories
It’s important to consult with a legal professional experienced in product liability cases to determine the specific parties that may be liable in a given situation. Liability can be complex and depend on factors such as the nature of the defect, the actions or negligence of each party involved, and applicable laws and regulations.
Several legal claims can be brought for injuries caused by a defective product. The specific claims available may vary depending on the jurisdiction and the circumstances of the case. Here are some common legal claims that can be pursued in product liability cases:
- Negligence: A negligence claim alleges that the manufacturer, distributor, or seller of the defective product breached their duty of care by failing to exercise reasonable care in designing, manufacturing, or distributing the product.
- Strict Liability: Strict liability claims do not require the injured party to prove negligence. Instead, they focus on the dangerous condition of the product.
- Breach of Warranty: When a product is sold, implied or express warranties are made to the consumer regarding its quality, fitness for a particular purpose, or safety. If a defective product breaches these warranties, the injured party may have a claim for breach of warranty.
- Product Misrepresentation: If the manufacturer, distributor, or seller made false statements or misrepresentations about the product’s safety or capabilities, and the injured party relied on those statements to their detriment, a claim for product misrepresentation may be pursued.
- Strict Products Liability: Strict products liability is a legal doctrine that holds manufacturers, distributors, and sellers strictly liable for injuries caused by defective products.
- Class Action Lawsuits: A class action allows a group of plaintiffs to collectively pursue their claims against the responsible parties, increasing their strength and efficiency.
It’s essential to consult with a qualified personal injury attorney to determine the appropriate legal claims to pursue based on the specific circumstances of the case. An experienced attorney can evaluate the facts, gather evidence, and guide the injured party in seeking compensation for their injuries and related damages.
Our personal injury attorneys have extensive experience with cases of dangerous products leading to injuries due to product safety liability.
The statute of limitations in Pennsylvania on personal injury cases is two years from the date of the injury.
Our case evaluations are free. If we are able to take your case, it will be on a contingent fee basis – meaning you don’t pay us anything unless we recover monetary damages for you.
How A Personal Injury Attorney Can Help
- Legal Assessment: A lawyer experienced in product liability cases can assess the circumstances surrounding the injury and determine if there are grounds for a legal claim. They can evaluate the strength of the case, identify potentially liable parties, and help determine the appropriate legal strategy.
- Gathering Evidence: A lawyer will gather and analyze evidence to support the claim. This may involve examining the product itself, reviewing manufacturing and design processes, obtaining expert opinions, interviewing witnesses, and collecting documentation related to the injury and its impact.
- Establishing Liability: Determining liability in a product liability case can be complex. A lawyer will investigate and establish the legal responsibility of the manufacturer, distributor, retailer, or other parties involved in the product’s production and distribution. They will work to demonstrate that the product was defective and that the defect directly caused the injuries.
- Building the Case: A lawyer will build a strong case by developing a legal strategy tailored to the specific circumstances. They will prepare legal documents, file the necessary court pleadings, and handle all legal procedures, ensuring that deadlines are met and procedural requirements are fulfilled.
- Negotiating with Insurance Companies: In many cases, insurance companies representing the liable parties will be involved. A lawyer can handle negotiations with these insurance companies, advocating for fair compensation for the injured party’s medical expenses, lost wages, pain and suffering, and other damages.
- Representing in Court: If a settlement cannot be reached, a lawyer will represent the injured party in court. They will present the case, examine witnesses, cross-examine the opposing party’s witnesses, and make compelling arguments to the judge and jury to secure a favorable verdict.
- Pursuing Compensation: A lawyer will work to maximize the compensation the injured party deserves. This includes seeking damages for medical expenses, lost income, rehabilitation costs, pain and suffering, emotional distress, and other related damages.
- Providing Guidance and Support: Throughout the legal process, a lawyer will provide guidance, support, and representation to the injured party. They will explain legal concepts, answer questions, and keep the client informed about the progress of the case, ensuring their rights are protected.
By engaging a lawyer with expertise in product liability cases, an injured person can navigate the complex legal landscape, have their rights advocated for, and pursue the compensation they deserve for the harm caused by the defective product.
If you or a loved one suffered a serious injury or even death because of a defective or dangerous product, contact the personal injury lawyers at Lupetin & Unatin for help. We have the experienced team necessary to gather all the evidence, including the product, any documentation (police reports and others), photographs, witness statements, medical records, and more that may help strengthen your case. We will help you win your case and obtain the money you deserve.
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Several legal claims can be brought for injuries caused by a defective product. The specific claims available may vary depending on the jurisdiction and the circumstances of the case.