What Can I Do If A Defective Product Injured Me?


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Research from the Consumer Product Safety Commission estimates that tens of millions of people are injured in some way by defective products every year. In 2021, over 12 million people were injured severely enough to require treatment in the emergency room for product-related injuries, and 1.8 million of them were hospitalized or died due to their injuries. When tragedies caused by a defective product occur, victims and their families deserve justice.

What Is Product Liability?

The concept of “product liability” is a simple one. If a company designs, manufactures, and/or sells a product, it is responsible for ensuring that its product is safe for consumers. Even if the company was very careful in designing or manufacturing the product, it could still be held liable for any injuries resulting from its use. People who are seriously injured by a defective product (or one without adequate instructions or warnings) have the right to be compensated for medical costs, loss of income, and pain and suffering.

What Do I Need To Prove To File A Claim?

To file a claim for product liability, you must prove three things:

  • You were injured or suffered losses of some kind
  • The product you used was defective
  • The defective product caused the injury or loss

Pennsylvania doesn’t require you to prove that a manufacturer or seller was careless or negligent, only that its product was defective and caused an injury. There are three main ways a product can be proven to be “defective” when it comes to product liability law:

  • The original design had an error or oversight that made the product inherently dangerous from the start
  • There was a problem or error in the manufacturing process that caused the product to be dangerous or defective
  • The product was missing adequate instructions or warnings about how to use it safely

Pennsylvania has a two-year statute of limitations when it comes to product liability cases. This means that you’re only allowed to file your claim two years from the time your injury occurred (or when you realized a defective product caused your injury). There are some exceptions to this rule, so it’s essential to consult an attorney if you’ve been seriously injured, regardless of when it occurred, to determine if your case can still be filed.

I Think A Bad Product Injured My Loved One. What Should I Do?

You're entitled to justice if a defective product has seriously injured you or your loved one. The guilty party should certainly compensate you for any personal losses, but another benefit of filing a suit is to ensure the safety of others in the community. Bringing a product liability lawsuit can ensure that the company takes responsibility for correcting its defective product so that similar injuries will not occur in the future.

If you’ve been injured by a defective product, it’s important to contact an attorney as soon as possible. Product liability can be difficult to prove, particularly if a large corporation is at fault. A good legal team will be able to devote the time and resources needed to prove your case and get you the justice you and your loved ones deserve. An experienced attorney will be able to look at all aspects of your case to determine the appropriate compensation you’re due, including:

Economic losses

  • Medical costs
  • Lost wages
  • Loss of future earning capacity
  • Loss of services you can no longer provide to the family

Non-economic losses

  • Pain
  • Suffering
  • Mental anguish
  • Physical impairment
  • Loss of enjoyment of life

Why Choose Ross Feller Casey?

The legal team at Ross Feller Casey has a reputation for success. We know what it takes to win product liability cases, even against big corporations. Our attorneys have recovered over $3 billion for our clients, including more than 50 $10-million-plus settlements and verdicts. Our team of Ivy League-trained doctor-lawyers has the training and experience needed to understand the complexities of your case, no matter how serious your injury.

At Ross Feller Casey, we know that your future may be uncertain right now. That’s why we never charge for consultations, and we always work on a contingency basis. This means that we don’t get paid until you win your case. Contact us today and let Ross Feller Casey put its expertise to work for you.

Disclaimer: Ross Feller Casey, LLP provides legal advice only after an attorney-client relationship is formed. Our website is an introduction to the firm and does not create a relationship between our attorneys and clients. An attorney-client relationship is formed only after a written agreement is signed by the client and the firm. Because every case is unique, the description of awards and summary of cases successfully handled are not intended to imply or guarantee that same success in other cases. Ross Feller Casey, LLP represents catastrophically injured persons and their families in injury and wrongful death cases, providing legal representation in Pennsylvania and New Jersey.