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If a manufacturer provides defective or unreasonably dangerous goods to consumers, they may bear civil liability for any ensuing physical harm. However, while this legal principle is well-established under Pennsylvania law, holding a company or corporation responsible for injuries caused by its product can be difficult in practice.
Assistance from a Bala Cynwyd defective products lawyer is crucial to protecting your rights and effectively pursuing a fair case result. No matter what type of product led to your injuries or what losses you have experienced, a dedicated attorney can fight for the compensation you deserve through private settlement negotiations or a lawsuit in civil court.
How State Courts Interpret Product Liability
A manufacturer in Pennsylvania may bear strict liability for injuries caused by their product if it is defective in one of a few specific ways.
Defective Marketing
Defective product marketing means that the manufacturer failed to appropriately warn consumers of potential dangers associated with regular or reasonably foreseeable use of their product.
Manufacturing Defect
Alternatively, a product may have been manufactured incorrectly, making a particular batch or unit unsafe. This is known as a manufacturing defect.
Design Defect
Finally, a product’s core design may be fundamentally flawed in some way, making every incarnation of that product unsafe. Pennsylvania courts generally adhere to one of two standards when determining whether a product’s design is defective enough to impose civil liability on a manufacturer for ensuing injuries. In some situations, courts focus on whether a design defect made a product dangerous in a way that the average consumer would not expect. In others, courts instead consider whether the dangers inherent to an allegedly defective design are severe enough to outweigh the product’s utility and/or the effort necessary to prevent an injury from occurring.
A Bala Cynwyd lawyer skilled at handling product liability cases can further explain these types of defects.
Damages in Faulty Product Cases
Comprehensive settlement demands or lawsuits over defective products may incorporate both economic and non-economic damages. Specific damages that often play a role in cases like this include:
- Emergency medical bills, plus costs of future rehabilitative care
- Lost work earnings and/or earning capacity
- Costs of replacing or repairing the defective product and/or other lost or damaged property
- Physical pain and suffering
- Emotional/psychological anguish
- Lost consortium, lost enjoyment of life, and other impacts of permanent disfigurement or disability
Notably, 42 Pennsylvania Consolidated Statutes §5524 grants most prospective plaintiffs just two years after sustaining an injury to begin pursuing any kind of product liability claim. As such, retaining a local defective products lawyer as soon as possible is key to preserving an injured person’s rights.
Speak with a Bala Cynwyd Defective Products Attorney Today
Even if it seems obvious that a dangerous flaw in a product you bought directly resulted in you getting hurt, holding the manufacturer financially can be much more challenging than you think. Without guidance from an experienced legal representative, you could have trouble getting any compensation for your losses, let alone the amount you need.
A Bala Cynwyd defective products lawyer can make all the difference in the outcome of your case. Let a seasoned legal allay handle your claim while you focus on recovering from your injuries. Call today for a private meeting.
