What You Should Know About Product Liability Claims

Suppose a defective product has injured you or a loved one, and you are considering filing a product liability claim. In that case, you likely have many questions about what product liability is and how it works. As a consumer, you have certain expectations when purchasing or using a product. The following questions and answers will help you with the fundamental aspects of product liability. For specific information about your case, you should consult an experienced product liability attorney.

What Is Product Liability?

Product liability is an area of law that governs who is responsible for defective products that cause injury or harm to someone. When someone suffers injury due to a defective product, they can file a product liability claim and ask for damages from the product’s manufacturer, designer, distributor, or seller.

How Does Product Liability Work?

A product liability lawsuit may be filed under one of the following three theories:

1. Strict product liability – This focuses on the product itself rather than the manufacturer’s actions. If a product is defective or dangerously designed and causes injury, the injured person may file a claim. Even if the product meets industry or government safety standards, it does not necessarily mean it is safe or protects the manufacturer from liability in Pennsylvania.
2. Negligence – This theory of liability focuses on the manufacturer’s conduct. In other words, it requires showing that the product maker failed to use ordinary or reasonable care in the product’s design, manufacturing, warnings, or sale, and that it caused harm to the plaintiff.
3. Breach of warranty – A warranty is essentially a promise made by the manufacturer that a product will perform in a certain way or possess specific characteristics. A breach of that warranty that causes a person harm or injury can be the basis of a product liability claim.

What Types Of Defects Can Result In A Product Liability Claim?

The defects on which product liability claims can be based fall into three categories:

• Design defects – This refers to an inherent flaw in the product’s design, rather than its manufacturing. One example is an airbag in a vehicle that deploys with too much force, injuring the driver.
• Manufacturing defects – This is a defect that occurs during the product creation process and results in a deviation from the design that renders the product hazardous to the consumer. An example of a manufacturing defect is a missing part that causes a product to break and injure someone.
• Failure to warn – Any product that can be dangerous or harmful should come with instructions for safe use. A warning defect occurs when the manufacturer fails to provide adequate warnings or instructions about potential risks, and someone is injured as a result. An example of a failure-to-warn defect is a prescription medication that may cause drowsiness but lacks a warning label disclosing this potential side effect. If the patient takes the medication, drives, and gets into a car accident because they were too drowsy, they may have a product liability claim.

What Must Be Proven In A Product Liability Case?

As with any type of personal injury case, there are specific elements that you must prove in a product liability lawsuit. To succeed in a product liability claim, you generally must show:

• You used the product as intended.
• The product was defective.
• You suffered an injury.
• The defect caused your injury.

In Pennsylvania, if the product is used improperly, the claim may fail. Additionally, modified comparative negligence applies: you can recover damages only if your share of fault is 50 percent or less; any award is then reduced proportionally by your percentage of fault.

Who Can Be Sued In A Product Liability Case?

In Pennsylvania, multiple parties may be liable in this type of case:

• Manufacturer of the product
• Designer of the product or component
• Distributor
• Retailer or seller in the supply chain

Even sellers who did not manufacture the product can sometimes be held strictly liable if the defective product passed through the supply chain.

What Type Of Damages Can Be Sought In A Product Liability Lawsuit?

Damages are the financial compensation awarded for loss or injury in a legal action. Suppose you are injured due to a defective product. In that case, you may ask for compensation for medical expenses, pain and suffering, mental anguish, physical impairment, disfigurement, loss of wages and earning capacity, and property damage.

In some cases, you may also be entitled to punitive damages. Spouses and children of someone injured by a defective product may be entitled to compensation for loss of consortium. If a wrongful death results from a defective product, surviving family members may be able to seek additional damages.

Do I Need An Attorney To File A Product Liability Claim?

Product liability claims are complex, require the consultation of medical and technical experts, and can be extremely time-consuming. It is always in your best interest to seek the advice of legal counsel in these types of cases.

At Ross Feller Casey, we have experienced personal injury attorneys and medical doctors on staff to assist you with your case. We also have a proven track record of winning multimillion-dollar product liability lawsuits and significantly improving the quality of life for our clients injured by defective products.

If you or a loved one has been injured due to a defective product, you may have a product liability lawsuit. Ross Feller Casey can help you determine if you do, and how to proceed with your claim. Contact us today for your free case evaluation.

Our product liability attorneys handle cases on a contingency basis, which means there is no cost to you until a financial recovery is made in your case.