Consumers may buy a product that promises more than it delivers, but supposedly reputable products may come with unexpected consequences. Product recalls occur often enough that when a consumer buys a product, risks may accompany that purchase. While that may be true to a small degree, it is the responsibility of the manufacturers, designers, and retailers to ensure that products are free from dangers that could harm consumers. When the parties responsible for ensuring the safety of products fail to do so, a products liability lawsuit may be pursued for victims injured by a defective or dangerous product.
Why You Should File a Suit
If a consumer purchased a defective product that caused injuries, a lawsuit may be in order. The expenses associated with hospital visits and treatment for injuries add up, especially if the victim must spend time recovering from injuries or adjusting to a temporary or permanent disability and cannot go back to work. If the victim suffered from a fatal injury due to the dangerous product, loved ones may pursue a suit to recover necessary benefits.
Types of Products Liability
From cars to medications to toys, defects may pose a risk to product users such as injuries and fatalities. The different types of products liability include design defects, manufacturing defects, and marketing defects. The lawyer handling the case will investigate which type caused the user injuries.
- Design defects may stem from poorly designed mechanisms or product design flaws. A designer may commit an error that fails to be corrected before the production process.
- Manufacturing defects originate from the production process or when products are assembled by a machine or workers.
- Marketing defects occur when the manufacturer or seller fails to provide a warning that the product contains a defect, is unsafe to use, or fails to include instructions on how to properly use the product.
A chain of parties may be accountable for the release and production of defective products that cause injuries. The designer, product manufacturer, parts manufacturer, installers or assemblers, and the retailers may hold responsibility for the defective product. Depending on the specific circumstances, a products liability lawyer examining the claim will determine who is directly responsible for the defects.
What a Products Liability Suit Entails
Lawyers will investigate the victim’s claim and build a case by employing different legal principles, such as strict liability, negligence, breach of warranty, or fraud. In strict liability cases, it must be proven that the product was sold without a proper warning, was hazardous to the consumer, and that the plaintiff became injured from use. When the principle of negligence is used, it is expected that the responsible parties ensured that the product was free from hazards, but a breach in their duty of care led to a consumer developing injuries. A breach of warranty suit shows that the warranty failed to protect the consumer. In fraud cases, defendants may have misrepresented the product, and the user sustained injuries because of the misrepresentation. With strict liability cases, injured victims will benefit most if liability is proven.
Philadelphia Products Liability Lawyers at McCann Dillon Jaffe & Lamb, LLC Advocate for Injured Consumers
Consumers should expect that a product they purchase is safe and will not cause them injuries. If you developed an injury due to a defective product or dangerous drug, our Philadelphia products liability lawyers at McCann Dillon Jaffe & Lamb, LLC will pursue justice on your behalf and recover the maximum compensation for your injuries. To schedule a free consultation, call us at 215-569-8488 or contact us online. Located in Philadelphia, Abington, and Media, Pennsylvania; Wilmington, Delaware; and Haddonfield, New Jersey, we proudly serve clients throughout the surrounding areas.