Finding out that something you paid good money for does not work as advertised is an immensely frustrating experience. Being injured by a defective product can be even more upsetting. Suing a product manufacturer for providing an unreasonably, unsafe product to you can be a lot more complicated than suing someone over something like a car wreck, which itself is hardly simple to begin with.

Put simply, a skilled personal injury attorney’s assistance is vital in any situation where a defective consumer product caused you physical harm. Once retained, a seasoned Harrisburg product liability lawyer can walk you through every stage of the legal process, ensure you understand your rights and recovery options, and tirelessly pursue the best possible resolution on your behalf.

What Makes a Product “Defective”?

While it is possible to file suit against a product manufacturer for traditional negligence, it is often much easier to pursue product liability claims based on a theory of strict liability. Strict liability is a legal standard that holds parties responsible for injuries they cause without a plaintiff having to prove fault as they would in a traditional negligence claim. Under state law, manufacturers are strictly liable for injuries sustained by customers who purchased one of their products if all the following conditions apply:

  • The product was defective in one of a few specific ways
  • The defect existed when the product left its maker’s direct control
  • The product’s condition did not meaningfully change between that point and when the purchasing customer or user obtained it
  • The defect directly caused physical harm that otherwise likely would not have occurred

Actionable “defects” in this regard include fundamental problems with the product’s design that make all incarnations of it unsafe, errors or other problems during manufacturing that make a particular incarnation unsafe, and a failure by the manufacturer to provide sufficient warning about known hazards associated with normal use of the product. It is sometimes alternatively possible to file a lawsuit of this nature based on a breach of warranty, as a Harrisburg defective products attorney can explain in more detail.

Recovering for All Available Damages

Both economic and non-economic consequences—as well as both past and future ones—of a product’s dangerous defect can be factored into an ensuing product liability claim in Pennsylvania. This means an injured person could, for example, demand compensation both for bills they have already received for emergency medical treatment and for expected costs of future rehabilitative care, as well as both short-term and long-term losses of earning capacity and overall enjoyment of life.

However, there are strict deadlines prescribed by state law regarding when people injured by defective products must start a lawsuit relative to when they were first injured as well as when they first purchased the product in question. If a prospective defendant manufacturer is a particularly large company that harmed multiple people with the same defect, it may be worth discussing possible mass tort litigation with a product liability lawyer in Harrisburg.

Consider Working with a Harrisburg Product Liability Attorney

No one expects anything they buy to be dangerous so long as they use it for its intended purpose and follow packaged instructions. Unfortunately, this kind of scenario pops up all too often, often causing injuries with long-lasting and even life-changing repercussions.

If an unreasonably hazardous product has left you or a loved one seriously hurt, speaking with a Harrisburg product liability lawyer about civil recovery options should be a priority. Contact Lowenthal & Abrams, Injury Attorneys today to get started.

LOWENTHAL AND ABRAMS, P.C.

LOWENTHAL AND ABRAMS, P.C.
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