What is Product Liability?
Products liability refers to the responsibility that the manufacturer of a product has to people injured as a result of defects with the product that render it unreasonably dangerous. In addition to the manufacturer, the responsible party might include the designer, the supplier and the retailer. One or more of these parties may be held accountable for any injury caused by the defective product.
According to Cornell University Law School, product liability cases can be based on three main forms of liability. The first main type of liability exists when a product is manufactured in a way that makes it unsafe to use. In some situations, the defective product may be unique, while in others, entire groups of products may be flawed in some way due to a widespread error made during the manufacturing process. A batch of cough syrup tainted with poisonous chemicals, a car with missing brake pads and a swing set with cracked chains are all examples of defectively manufactured products.
Second, a product may be considered harmful if its design is inherently dangerous. These types of claims are filed when, even though the product was made according to certain specifications, it still poses unreasonable harm to those who use it. For example, a car may be viewed as defectively designed if it flips over whenever it turns a corner.
The final type of product liability claim can occur if a product was erroneously marketed or if it did not come with adequate instructions or warning. In these cases, the product usually poses an unknown danger to the user that is difficult to identify unless special precautions are exercised. For instance, if a cough syrup does not come with a warning that states it is dangerous if used in combination with another medication, the manufacturer could be held liable for those who are harmed after taking it.
Pennsylvania Product Liability Lawsuits
The process of proving that a product is defective and unreasonably dangerous can be very complex. Often, a product manufacturer will deny a defect with its product and instead claim user-error or some other cause of the injury. Additionally, with serious injury or death claims, different experts are often needed to prove liability and certain elements of an injured party’s damages.
For these reasons, it is almost always advisable for a person injured by a defective product to seek the assistance of a products liability attorney. An experienced lawyer can take the steps necessary to protect your rights, and can also work to recover the compensation to which you are entitled.
The Attorney Group for Pennsylvania can connect you with an experienced products liability lawyer who can help you throughout the legal process.
How a Pennsylvania Product Liability Attorney Can Help
If a product is determined to be defective and unreasonably dangerous, the manufacturer can be held responsible for injuries caused by the product. Compensation that may be recovered if there are injuries associated with a defective product include:
- Medical expenses incurred
- Pain, mental anguish, and suffering resulting from an injury
- Scarring caused by the injury or medical treatment
If a loved one dies because of a defective product, family members may be eligible to pursue compensation for the wrongful death of their loved one, including:
- Funeral expenses
- Medical expenses prior to death
- Mental anguish associated with the loss of a family member