When you purchase a new product, you have the right to assume the product is safe and will not cause harm to you or your family. Consumers purchase these products under the assumption that the manufacturer designed, produced, and distributed the product correctly and with all the required warning labels.
However, sometimes manufacturers make mistakes that lead to severe injuries. If you or someone you love suffered a severe injury from a defective product, call a personal injury attorney from our firm today. A Philadelphia defective products lawyer could discuss the details of your case and determine what steps you should take next.
Types of Defective Product Legal Action
Product liability cases are generally broken into three categories:
- Design defects – A defect in the actual design of the product.
- Manufacturing defects – A problem in how the product is assembled.
- Marketing defects – The manufacturer or seller failed to disclose dangers of a product.
When a manufacturer’s negligence causes injury, a court of law could hold them liable for damages. Before a claimant files the lawsuit, they must determine the kind of action they are filing. There are three different liability claims that a defective product civil action will fall under. Those types include manufacturing defects, design defects, and insufficient warnings.
A manufacturing defect arises when there is a flaw in the product’s construction. The fault in production causes the product not to work as it should. Most often, this may cause a whole batch of products to become dangerous. This is especially common in situations involving faulty medical devices or unsafe prescription drugs. A design defect happens when the manufacturer makes a mistake while creating the product. In these cases, a claimant may have to prove that the pharmaceutical company reasonably could have used a different ingredient or part that made the overall product safer, but chose not to.
Finally, failure to warn happens when the manufacturer fails to package the product with proper warning labels, leading to consumer misuse or faulty advertising. A qualified Philadelphia product liability attorney could review the details of a defective product case to determine which type of legal action would be most effective to pursue.
Types of Defective Products
Any kind of product may be defective and could potentially be the basis for a lawsuit. Common areas in which we see injuries due to defective products include:
- Laptops burning people
- Batteries exploding or bursting into flames
- Defective car parts
- Food – over the past several years, the safety of food has become a serious issue. There have been numerous cases of unsafe food handling resulting in contamination. This has resulted in serious illness and death.
- Toys – toys that are too small can lead to choking. Some toys are unsafe due to lead content or other issues.
Statute of Limitations for Product Liability Cases
Under 42 Pennsylvania C.S. §5524, the statute of limitations to file a civil action in defective product cases is generally two years after the date of the initial injury. If the party does not file the legal action within the statute’s time limit, a court may choose to dismiss the case leaving no other options to collect compensation for damages.
The court may grant exceptions to this statute if the person injured by the faulty item is a minor at the time of injury. In those cases, this person generally has two years to file a legal action with the court after they reach the age of 18. In that case, the statute of limitations would expire at the age of 20 years old. An attorney in Philadelphia could help file all legal documents for a defective products case within the court’s strict guidelines.
Speak with a Philadelphia Defective Products Attorney
Companies have the responsibility to protect the safety of their consumers. Faulty products that cause injuries can leave individuals to suffer physical, emotional, and financial loss. Fortunately, you do not have to go through these uncertain and difficult times alone. When injuries occur because of faulty products, you have the right to justice and to collect damages.
If you sustained injuries because of a faulty item, you could collect compensation for damages. A skilled Philadelphia defective products lawyer could investigate and collect evidence to support your claim and get the payment you deserve for your pain and suffering.