Pennsylvania Defective Products Attorney
Philadelphia Product Liability Lawyer
Products liability claims are complex and expensive to litigate. However, our firm takes particular pride in challenging the manufacturer and distributors of dangerous products. This area of the law is important because as a law firm we can help protect the public by forcing companies to design and produce safer products for everyone. Often times defective products can cause catastrophic and life altering injuries. If the manufacturer is not held accountable they are likely to continue producing and selling dangerous products.
When Is A Product Considered Defective?
Essentially a product is defective when it is unreasonably dangerous. The key issue here is often the "unreasonableness" of the danger posed by the product. Many products have an inherently dangerous quality, such as a chainsaw and therefore are not necessarily defective just because they have the potential to cause injury.
There are typically three types of product defects which impose liability on manufacturers and suppliers:
- design defects exist before the product is manufactured;
- manufacturing defects exist during construction and production phases; and
- defects in marketing exist when improper details have been given to warn consumer of dangers in the product.
Design Defects
In design defect cases the focus will usually be on safer alternative designs to minimize the risk of injury. In order to determine whether the product is unreasonably dangerous, a balancing test will be employed in which the utility of the product is weighed against the danger it poses.
In most cases, the plaintiff will be obligated to offer a reasonable alternative that the manufacturer could have used, which would have prevented the injury and which would not significantly diminish the product's effectiveness. The added expense of the plaintiff's proposed alternative is also a factor in the balancing test.
Manufacturing Defects
A manufacturing defect occurs when a particular product was mis-manufactured, as apposed to a poor design. You still need to show that in its condition, the product was unreasonably dangerous. Further the plaintiff must establish that the product was in a defective condition when it left the manufacturer's possession and that it was unaltered at the time it caused the injury. This can be particularly difficult to prove when many businesses/people are involved in the distribution chain. The manufacturer may claim the product was altered by either the wholesaler, retailer or the consumer.
Failure To Warn
A product can also be defective if there are no warnings or inadequate warnings. Many times a product can be made safer by simply advising the consumer of the nature and extent of the risks. In some cases, warnings are not reasonable because of how the warning was conveyed. The warning must be thorough and visible, and it must warn the consumer of the magnitude of the risk involved in not following the product's warning instructions. If a safer product could have reasonably been designed, then a proper warning will not necessarily relieve the defendant of liability. However, the manufacturer will often argue that the injured person ignored the warning or failed to follow the instructions.
Proving The Product Liability Case
In addition to traditional negligence theories, manufacturers and distributors can be liable on "strict liability" and "warranty" theories.
Strict liability is different from a negligence theory in that the injured party does not need to show knowledge or fault on the manufacturer's part. The plaintiff needs only to establish that the product was sold or distributed by a defendant, and that the product was unreasonably dangerous at the time it left the defendant's hands. Further, everyone in the distribution chain can be liable, including the wholesaler and retailer even though they had nothing to do with the design or manufacturing of the product. Strict liability concerns only the condition of the product itself.
This does not mean a person who is injured can simply claim strict liability and automatically recover. Rather, the injured party must still prove an unreasonably dangerous condition of the product caused their injuries.
Breach of warranty can be a successful claim because every product comes with an implied warranty that it is safe for its intended use. A defective product that causes injury was not safe for its intended use and thus can constitute a breach of warranty. Further, a seller or manufacturer cannot simply disclaim such a warranty but will be held responsible if its product is deemed defective.
Important Note
When ever possible you must keep the product that caused the injury. If you lose or destroy the product the defendant will argue they cannot fairly defend your allegations and the court may dismiss your case. Further, you may not be able to prove the product was defective.
Equipment malfunction is a common cause of machine accidents. Contact with any moving machine parts has the potential for causing severe injuries, including crushed hands, amputations, head injuries, burns, blindness and death. Safeguards are essential for protecting workers from these needless and preventable injuries. In fact, machine guarding and related machinery violations consistently rank among the top violations of worker safety.
In such cases, the machine manufacturer is often liable. Failure to adhere to safety standards or to provide adequate protective equipment can also contribute to machine accidents. Other causes include improper training, poor working conditions, as well as machine malfunction. To win a machine accident case, it is important to choose a law firm with experience in handling machine accident litigation. At Rosenbaum & Associates we can help get you the settlement you need. Machine specialists and safety engineers are essential to determine the mechanics of the accident and evaluate any safety deficiencies.
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