If you've been injured by a defective or unsafe product, you may have a liability case against its manufacturers and distributors. The Slusser Law Firm, with offices in Hazleton and serving clients throughout northeastern Pennsylvania, can help.
There are generally three types of product liability cases: negligence, strict liability and breach of warranty.
Negligence cases require showing that carelessness caused your injury. Your attorney has to prove there was a duty to sell a safe product. That part is not too difficult since all individuals and companies that make and distribute consumer products are obliged to prevent injuries resulting from their products. If they sold you something, then they probably have this duty.
Next, your defective products attorney needs to show that the manufacturer or distributor breached that duty. Did they know or should they have known that the product was defective? If your attorney can prove that, it’s a “breach of warranty.”
If your personal injury attorney can prove that a product is "unreasonably dangerous" – that it has a design or manufacturing defect – your attorney may be able to establish that the defendant is "strictly liable."
Your attorney needs to show that you've been injured. You can't bring a claim without an injury. Merely pointing out the defect in a product you bought and saying it might hurt someone is not enough.
Finally, your attorney has to prove that the defect – not some unrelated illness or accident – is what caused your injury.
There are three types of defects.
- If there is a manufacturing defect, the product is well-designed but the way in which it was made makes it unsafe. For example, maybe the kind of plastic used was weak and that caused the plastic to break when it should have been sturdier. Your attorney must prove that the manufacturer caused the defect and the defect then caused your injuries.
- If there was a design defect, the design of the product is unsafe so the entire product line is unreasonably dangerous. Your attorney will have to show that the product's dangers outweigh its usefulness.
- If there were insufficient instructions or warnings, the manufacturer may design a product that's perfectly safe and has no manufacturing defects, but then fail to include proper warnings or instructions for safe operation.
Many product liability cases settle before they ever get to trial. But those that do not are some of the more difficult and expensive to pursue because manufacturers will do everything they can to avoid having their product branded as dangerous.
If you believe you are the victim of a defective or unsafe product, you need to make sure the relevant evidence is protected from loss or destruction. If the case goes to trial, courts may impose penalties for the destruction of the allegedly defective product, whether it is a small object or something as large as a vehicle.
Because product liability cases can be complex, you need to consult a defective products attorney at the Slusser Law Firm in Hazleton, Pennsylvania, to determine whether your case is worth pursuing.
Call us 24 hours a day, 7 days a week, and an attorney will return your call within one hour to discuss your case.