What Does Product Liability Mean?
Product liability refers to the ability of a victim to recover from the manufacturer or seller of a product if that product caused a persons injury or illness because the product was improperly designed or poorly manufactured. This area of law does not cover instances in which a person is injured by improperly using the product; it only applies when the product was defective before it reached the consumer.
There are generally three different types of product liability claims that consumers can bring. The first type is called a design defect claim, in which the design of the product makes the product unsafe or dangerous. The second type is called a manufacturing defect claim, in which the product or part of the product malfunctions due to an error made when the product was initially manufactured. Finally, the third type is called a marketing product liability claim, in which a retailer or other party marketing the product fails to warn consumers about possible dangers when using the product, or fails to inform consumers about the correct and safe way in which to use the product.
Common types of product liability cases include faulty airbags that do not deploy and cause injury to the driver or passengers; industrial equipment that does not work as expected and can injure the worker using the equipment; brakes in a vehicle that do not engage and cause an accident or collision; or even childrens toys made with dangerous chemicals that can cause injury or illness if the child ingests the chemicals. Injuries resulting from these types of products can be severe, including loss of limbs, head or spinal cord injuries, serious illnesses, permanent disabilities, or even death in the worst cases. In each of these instances, victims can bring one or more of the types of product liability claims discussed above, depending on the particular facts of the case. The sooner you contact a qualified product liability attorney, the sooner your lawyer can help you determine which type of claim you will be able to bring based on the facts of your case.
When to Call a Philadelphia Product Liability Attorney
Our attorneys understand how devastating it can be to deal with the often serious and painful injuries that result from product liability claims. We all trust manufacturers and retailers to make and market safe products that will not cause harm to consumers when used properly, and it is often impossible to predict when a product could be dangerous due to a design or manufacturing problem. That is why our experienced product liability attorneys are here to help you with your case.
It can often be hard to show that your injuries were the result of a problem with the product itself, instead of resulting from some kind of misuse of the product. For example, the manufacturer may try to claim that it was not a manufacturing error that caused your injury, but instead that you did not properly use the industrial equipment, which is what caused your injury. Proving that the product was defective, either in design or in its manufacture, before the consumer used it usually requires the testimony of an expert who can explain that the products original design was faulty or that there was a problem with the manufacturing of that particular product, causing the victims injury. Finding a qualified expert can be challenging on your own, which is why it is important to have an experienced Philadelphia product liability lawyer helping with your case. Your lawyer will have the knowledge and experience to find qualified experts who can show that it was the product itself, and not your use of the product, that caused your injuries.
Your attorney can also help you determine how much your claim is worth. Product liability claims can include your actual damages (such as your medical bills and property damage sustained because of the faulty product), as well as other damages like pain and suffering and even lost wages if you were unable to return to work as a result of your injuries. Your lawyer will help you gather evidence of your injuries and other damages to ensure that you receive the correct amount of compensation for your injuries.
Finally, your lawyer will be able to determine who is legally liable for your injuries. If your claim is a design defect claim, you will likely be pursuing compensation from the company who designed the product. But if your claim is a manufacturing claim, you will be holding the manufacturer responsible; and if your claim is a marketing related claim, you may be looking to the retailer or other parties responsible for marketing the product to consumers. It can sometimes be difficult to determine all of the different parties involved in the creation and sale of a product, which is why the help of an experienced product liability lawyer can be invaluable when bringing your claim against the responsible party.
Our lawyers know how stressful it is to deal with recovering from your injuries while at the same time trying to pursue a claim against the party responsible for your injuries. That is why, when you call our office, we will set up a free initial consultation at our offices, or at your home or hospital room if you cannot travel. We want you to know that we are on your side — and never the side of corporations or manufacturers — and will fight on your behalf to get you the compensation you deserve. Do not hesitate to contact our office right away to speak with an experienced product liability attorney.