Philadelphia Product Liability Attorneys

Product liability claims typically fall within three categories:

• Manufacturing defects: When a product is manufactured, it must be ensured that all parts are secured correctly and everything is safe. If pieces are not in place, they can pose a potential threat to a consumer’s health. For example, if a children’s toy does not have the pieces connected correctly, a small part can become dislodged, potentially resulting in a choking hazard.
• Design defects: During the design phase of production, the manufacturer must ensure that if a product has a dangerous element, the design prevents the consumer from getting hurt when using the product correctly. For instance, having a product with a sharp edge without some sort of guard or handle.
• Failure to warn: If a product has a potential hazard, the manufacturer should provide an accompanying warning that lets the consumer know of the danger. If there is no warning or instructions for proper use, any injury caused by the dangerous products may be considered the responsibility of the manufacturer.

Common product liability cases that The Beasley Firm handles include:

• Medical equipment failures, such as malfunctioning IV pumps or heart monitors.
• Defective automotive parts such as tire defects and injuries caused by airbags
• Injuries caused by everyday items such as lawn mowers or child car seat defects

Our Philadelphia product liability lawyer would have to demonstrate that the defect cause the plaintiff's injuries. This often requires expensive and complex engineering, accident reconstruction, and diligent investigation. It is also important for the plaintiff to demonstrate that the product was used in a reasonable manner.

What Type of Damages Can I Receive in a Product Liability Lawsuit?

In a product liability lawsuit, you can seek both economic and non-economic damages. Economic damages include medical bills, lost wages due to time off work, replacement or repair costs for the defective product, physical therapy bills, or other monetary losses associated with your injury. Non-economic damages may include compensation for pain and suffering, mental anguish, or emotional distress due to the injury.

When Should I File a Product Liability Lawsuit?

It is best to file a product liability lawsuit as soon as possible after an injury has occurred. In Pennsylvania, the "statute of limitations" for filing an injury claim is two years from the date of the accident. However, Pennsylvania follows the "discovery rule," which means that if the injured person did not discover the injury right away, then the "clock starts" for that two-year-deadline when the injury was actually discovered or should have been discovered.

Can I Sue if a Product Caused My Injury But Hasn’t Been Recalled?

Yes, you can still pursue a product liability action even if the product has not been recalled. Products may be found to be defective even without a recall; your attorney simply needs to prove that the defect caused your injury and led you to suffer damages.

How Do You Prove Product Liability?

To prove that a manufacturer is liable for your injuries caused by their product, it must be demonstrated that the manufacturer was negligent or strictly liable for manufacturing, distributing or selling an unreasonably dangerous product. Your attorney will also provide evidence that shows that this defect was, indeed, what caused your injury or loss and resulted in damages. This can include expert testimony from individuals knowledgeable about manufacturing processes and standards along with medical reports detailing the cause and extent of your injuries.