From children’s toys to airbags and medical devices, unsafe products can lead to severe consequences. When problems occur due to malfunctioning products, a product liability attorney plays a role in making things right. They help justice-seeking individuals that have suffered because of unsafe products, so that those responsible for the product can be held accountable.
If you were injured as a result of using a defective or dangerous product, then you may be entitled to a fair amount of financial compensation. The product liability law states that companies which sell, design, and manufacture unsafe products are liable for injuries or losses faced by the victims. Philadelphia’s product liability law holds these companies “strictly liable” for the losses of victims. In such cases, proof of negligence isn’t needed to establish liability.
Individuals will need to show that the injury or trouble caused to them was a consequence of a product defect. This will be sufficient proof of the right to financial recovery, but it doesn’t mean that proving a claim for product liability is easy. Large companies selling defective products dispute the claims vigorously, and most often they blame sufferers for the injuries. Fortunately, there are expert product liability attorneys that help individuals in getting through the legal formalities of making the claim.
Product Liability Claims – Types
Claims for product liability can fall into three categories:
- Failure to provide warning – It’s the responsibility of the manufacturer to provide a potential hazard warning to keep the consumer aware of a possible danger. Often, if the product doesn’t include any instructions or warnings for proper use, the injury caused by using the product will be considered the manufacturer’s responsibility.
- Defect in manufacturing – Manufacturers must ensure that the design, material, and packaging of their products are completely safe. They shouldn’t have anything that poses a potential threat to the health of the consumer. A Product Liability Attorney not only helps in collecting the evidence of manufacturing defects but also helps in ensuring that the pieces are connected in the right manner.
- Defect in Design – During the product’s design phase, the manufacturer should ensure that the product doesn’t have any dangerous elements so that the consumers don’t get hurt when using the product. For example, a product including a sharp edge should have some sort of handle or guard so that consumers don’t get hurt when using it.
Winning the Product Liability Case in Philadelphia
A Philadelphia product liability attorney can demonstrate the defect that causes the injuries. Often, this requires complex and expensive engineering, diligent investigation, and accident reconstruction. The lawyer takes on the responsibility of demonstrating whether the product was in a reasonable condition or not.
The product liability attorney establishes proof of the damages and injuries caused by the product either due to the dangerous nature of the item or ignorance of the manufacturer. Compensation may be given for medical expenses, pain and suffering, and other expenses that result from the questionable incident.
When the manufacturers of the product are informed about the defect, they need to assess the number of units affected. In a few cases, product manufacturers weigh the potential future lawsuit settlement cost in comparison to the cost of recalling the product and pick the cheaper option. In this way, a lawsuit can also help prevent dangerous items from injuring and proliferating others.
Compensation claim option available for injuries occurred from defective and dangerous products
A product liability case helps individuals to recover compensation for various losses they suffered due to the injury. The victims likely experienced far more losses than they may have realized. For this reason, it is important to speak with an attorney about the legal rights that a product liability claim can potentially avail them. In a product liability case, individual losses can be recovered for:
- Future and past medical expenses
- Suffering and pain
- Future and past lost earnings
- Emotional distress
- Physical and scarring disfigurement
- Other non-financial and financial losses
Product Liability Claim navigation in Philadelphia
With the long processes involved in modern business, there are high chances that a given item available for sale has passed through a number of entities before being purchased. From initial production and dispatching the product for retail distribution, a particular product will have to travel from multiple levels so that the components can be assembled for use.
While one party could be responsible for distribution and the other for packaging, there are also those who are responsible for product supply to customers or retailers. There is a high chance that product liability claims could easily turn into a daunting process involving several different entities.
At the Law Offices of Greg Prosmushkin, every Philadelphia Injury Lawyer associated with the firm has the experience and resources required to take on large corporations. Their extensive experience and expertise allow them to handle every case efficiently. Case preparation is one of the major aspects of injury claims. The attorneys of this law firm invest all their skills and resources for protecting the individual from courtroom abuse. Often, a huge amount of time is involved in the investigations to maximize a victim’s chance of recovering the damages needed for long-term care, medical treatment, and lost wages. The sooner you reach out, the better chance you have of preserving your claim and maximizing your chances of recovery.