Philadelphia Defective Products Lawyer

Philadelphia consumers rely on purchased merchandise and medications every day. Consequently, they expect the products they purchase to be safe and reliable. However, even despite heavy regulation, some products turn out to be defective, and some drugs turn out to have harmful – or even deadly – side effects.

If you have sustained injuries because of a defective product, you may be entitled to compensation under Pennsylvania’s product liability laws. Given the various time deadlines, it is essential that you contact an experienced Philadelphia defective products lawyer as soon as possible. A qualified personal injury attorney could work towards a positive outcome for you.

Time Limitations

The statute of limitations for products liability cases in Pennsylvania is two years from the date of injury. If someone fails to make a claim or file a lawsuit within that period, they may be forever barred from filing suit or seeking monetary compensation for their injuries.

In a case involving fraudulent concealment of a product’s defect, however, the two-year statute of limitations clock does not begin to run until such time as a reasonable person would have ordinarily discovered the defect.

Manufacturing Defect

If a product was improperly manufactured because of a flaw in the process, the manufacturer could be held strictly liable or could also be deemed negligent for a plaintiff’s resulting injuries.

In terms of strict liability, a manufacturer does not have to intend to injure the plaintiff – or even know of the defect in the first place – to be held liable for the plaintiff’s injuries and damages. A plaintiff and their Philadelphia defective products lawyer must merely prove that the product was, in fact, defective and that this product defect proximately resulted in the plaintiff’s injuries and damages.

Design Defect

In some cases, an injured plaintiff may be able to claim that a product’s design was defective and that this defect proximately resulted in injuries and damages. In design defect case, Pennsylvania courts use the consumer-expectations test and the risk-utility test.

The consumer-expectations test examines whether a product is more dangerous than a reasonable customer would expect. The risk-utility test examines whether the likelihood of injury from a defective product was serious/likely enough to outweigh any burden to correct or otherwise take precautions against the possibility of injury

Warning Defect

A product manufacturer or distributor can also be held liable for failing to warn of a product defect or for failing to post the warning in a suitable place where the consumer would be able to fully observe and understand it.

A perfect example would be failing to warn a consumer that a child’s toy contains small parts or that there is a choking hazard associated with it. In that case, the manufacturer (or possibly the seller/distributor) could be held strictly liable for the damages sustained by the injured plaintiff.

How a Philadelphia Defective Products Attorney Can Help

Injuries that are brought about by defective products can be extremely serious, and in some cases, catastrophic or deadly. This is particularly true with defective drug cases where drugs are found to have dangerous side effects or harmful interactions with other medications.

If you or someone you love has been injured because of a defective product, experienced Philadelphia defective products lawyers are here to assist you.

Given the relatively short filing deadlines that apply in defective product cases, you should contact an experienced defective products attorney as soon as possible after you sustain your injuries.