People who purchase items that turn out to be defective and cause injury are entitled to recover money for their injuries and damages. Manufacturers, distributors, retailers, and sellers can be held STRICTLY LIABLE if the products they sell harm their consumers. In other words, if the product is defective and causes injury, they are automatically liable even if they exercised reasonable care in development, manufacture, testing, and distribution. . . even if they simply sold the product and did not create the defect. All sellers in the chain have a duty to be sure their products are safe to use as advertised. Soda bottles should not explode when opened. Tires should not blow out under normal wear and tear. Airbags should deploy in frontal collisions. If explosions occur, or airbags fail to perform, it is likely a defect is a cause.
Defective products fall within three main categories.
- The manufacturing defect: Although the product is generally safe, something happened during the manufacturing process. Perhaps a bolt wasn’t tightened, or a screw was left loose, and it caused an accident or injury.
- The design defect: There was something inherently flawed in the design of the product even if it was manufactured and used correctly. For example, the lack of a safety guard to prevent a hand from coming in contact with a moving blade.
- The failure to warn: the product is useful, perhaps even necessary like medicine, but has dangerous characteristics or side effects. If the manufacturer or seller fails to warn the consumer about the harmful characteristics or side effects, they can be liable to the consumer.
Your Legal Rights
To pursue a product liability claim in Pennsylvania, the injured party must prove that the product was defective or dangerous, that the defect or danger caused their injury, and that the product was being used in a reasonably foreseeable way. In addition, the plaintiff must file their claim within the statute of limitations, which is generally two years from the date of the injury.
The Fegley Law Firm has experience with cases from defective eyewear to defective vehicle airbags. We work tirelessly to help you put your life back together after an injury caused by a defective product. If you are injured by a defective product, turn to The Fegley Law Firm. Contact us or give us a call at (215) 493-8287 for your Free Consultation.