Pennsylvania Product Liability Lawyer
According to the U.S. Consumer Product Safety Commission, each year more than 34,000 deaths are contributed to consumer products in the United States.
While we use some products routinely without thinking twice, there is a wide range of products, including automobiles, power tools, pressure cookers, pesticides, medications, and more that can cause serious injuries if defective or if they are designed, manufactured, or distributed improperly. Product manufacturers are legally obligated to produce and distribute products that are safe. When the consumption or use of a product leads to injuries or illness, this may constitute a product liability claim.
Stark & Stark has represented victims injured by defective products for decades. Our Pennsylvania product liability lawyers are knowledgeable and experienced regarding the laws that protect consumers from harm caused by defective products. If you or a loved one have been injured due to a defective or malfunctioning product, contact the product liability lawyers at Stark & Stark today for a free legal consultation.
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What is Considered a Product Defect?
Thousands of injuries in the United States each year are caused by defective products. In Pennsylvania product liability cases, there are three types of defects that may warrant a product liability claim: manufacturing defects, design defects, and marketing defects.
Manufacturing defects: Manufacturing defects occur when the product undergoes unplanned changes to the intended design and becomes unsafe during production or manufacturing. Typically, these kinds of defects will only be found in a small number of the company’s manufactured goods.
Design defects: Design defects occur before the product is produced, making each product dangerous. When determining if a design defect is present, three questions are typically asked. If any of these questions are answered affirmatively, the consumer may have grounds for a product liability lawsuit.
These questions include:
- Was the design of the product unreasonably dangerous prior to production?
- Was it reasonable to anticipate the product’s design was flawed and dangerous?
- Could the manufacturer have used a better design that was cost-effective and would not alter the purpose of the product?
Marketing defects/failure to warn: A product liability lawsuit can also be filed against the manufacturer for failure to warn of the product’s risks or danger, or failure to include adequate instructions for safe operation or consumption.
Types of Product Liability Claims
Since there is no federal product liability law, laws surrounding product liability may vary from state to state. Typically product liability claims are brought under the theories of negligence, breach of warranty, or strict liability, depending on the jurisdiction.
Pennsylvania has strict product liability laws. This means that the consumer filing the lawsuit (the plaintiff) only needs to prove that a defect exists in a product and injuries were sustained as a result of the defect. If a defect does exist, the manufacturer may be held responsible for any damages as long as the consumer used the product as it was intended for. It is important to note that products bought second-hand are not eligible for strict liability claims.
Some examples of product liability lawsuits include the following:
- An electronic device caught on fire unexpectedly while charging
- A new automobile’s brakes failed to work as they should, resulting in an accident
- Upon impact, a car’s airbag exploded and sprayed pieces of shrapnel, injuring the driver
- A pharmaceutical drug caused a patient to develop severe complications, such as cancer or heart disease, which the manufacturer failed to warn consumers about
- A pressure cooker exploded while it was in use, burning those nearby
- A medical device migrated in a patient’s body, resulting in perforated internal organs or similar harm
- A pesticide or herbicide caused a consumer to develop a serious illness such as cancer or Parkinson’s disease, which the product failed to warn of
If you have questions regarding a potential product liability claim, it is best to consult with a knowledgeable product liability attorney to help you understand your legal options.
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What Damages Can I Recover in a Pennsylvania Product Liability Lawsuit?
While every case is different and the exact compensation available is determined by the unique circumstances of your claim, Stark & Stark’s product liability lawyers have recovered millions of dollars on behalf of victims injured by defective products.
In a Pennsylvania products liability case, there are four types of damages you can potentially recover:
- Compensatory damages: These are damages intended to cover financial losses from medical bills, loss of income due to time away from work, and any property damages you may have suffered as a result of the defective product.
- Pain and suffering: These are damages for the mental and physical pain you experienced as a result of your injuries. It can also include anticipated future pain and suffering you may experience.
- Loss of consortium: These damages are intended to compensate you for the effect your injuries may have had on your relationship with your spouse.
- Punitive damages: If the defendant’s actions were particularly dangerous, the court may require them to pay punitive damages that serve as a punishment and a warning to prevent the incident from happening again.
How a Pennsylvania Product Liability Attorney Can Help You
Since some product liability claims can potentially be very expensive for the manufacturer, it is common for liable parties to hire large defense legal teams to try to limit their potential liability when a consumer is injured. That is why hiring an experienced product liability law firm is so important. Few law firms can rival the experience that Stark & Stark has standing up to large corporations and achieving successful results.
Contact Stark & Stark’s Pennsylvania Product Liability Lawyers
For more than 80 years, the product liability lawyers at Stark & Stark have fought for the rights of victims injured by defective products. We have helped multiple clients obtain justice and have recovered more than a billion dollars for Pennsylvania families affected by life-changing accidents and personal injuries. If you were injured by a defective product, schedule a free case review to learn more about your rights as a consumer.
