Resources

Category: Product Defects

Apr 27, 2018 - Product Defects

Defective Products: Injured Individuals May Recover Damages

Everyday, we interact with dozens, if not hundreds of products that are designed and manufactured to perform certain functions.  When these products fail to perform their functions in a reasonably safe manner, or when they otherwise expose others to a heightened risk of injury, then the injury victims may be entitled — under Pennsylvania law — to sue and recover damages from the manufacturer. If you’d like to determine whether your product defect claim is worth pursuing, make sure to speak with an experienced Bethlehem product defect attorney here at Drake Hileman & Davis, PC.  We will evaluate your claims and develop a step-by-step plan for securing damages given the facts of your case. Product defect claims are not as simple as one might assume.  In many cases, the circumstances can be somewhat complex, and are not fully revealed until a more thorough investigation is conducted. For example, suppose that you are injured due to a defective blender product, which shattered upon normal use, thus flinging shards of plastic into your face.  You purchased the blender from a small local shop.  The case seems straightforward — the manufacturer either defectively designed or manufactured the product, and this led to your injuries. In reality, however, you may find out that the manufacturer isn’t liable at all.  In fact, it could be that the local retailer significantly modified the product, which is what led to the malfunction (and subsequent injuries).  You may still be entitled to recover damages, but against the retailer […]

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Mar 23, 2018 - Product Defects

How Strict Liability Gives You an Advantage in a Product Defect Lawsuit

Product defect lawsuits can be somewhat mystifying for those who do not have prior experience with such litigation, in part because the standards for establishing liability may be unclear to the average person.  Product defect liability — in Pennsylvania and in other jurisdictions throughout the country — essentially gives the injured party (plaintiff) a right of action against the manufacturer to obtain compensation for the losses they sustained due to the particular defective product at-issue. For example, if you were injured in a motor vehicle collision as the result of defective brakes, you would be entitled you to sue the manufacturer and recover damages pursuant to Pennsylvania product defect law. Simple, right?  Not quite. Product defect liability claims may be brought on the basis of strict liability or negligence, and there are multiple theories for liability, each of which plays out rather differently — for example, if you bring a claim against a manufacturer for a product where the defect is in the design of the product itself, you will have to make different arguments (i.e., that the design was not safe for its foreseeable uses) than if you bring a claim against a manufacturer for a product that was defectively produced. Given the unique challenges presented by product defect litigation, it’s a good idea to consult with an attorney who has specific experience with such claims. In Pennsylvania, strict liability applies to product defect claims by default.  As a general rule, the application of strict liability favors the injured […]

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