Have You Been Injured Due to A Defective Product?
When a product causes injury or harm to an individual due to a defect, improper labeling or lack of instructions, a person may be able to bring a product liability claim. Faulty items include a massive number of products ranging from medical devices, motorized vehicles, cell phones, toys etc. If an injured party, along with the help of an attorney, can prove the item that harmed them is dangerous and defective, the chance for compensation in a product liability case is increased.
Elements of Product Liability Claims in Pennsylvania
The cause of injuries related to product liability could possibly fall under three categories: a manufacturing defect, a design defect or a defect in the marketing of the item. These categorizations may help victims, along with their prospective attorney, further identify the problem, who caused it, and when in the state of distribution did the product become defective.
An item is deemed improperly manufactured when it isn't functioning the way it was intended to. This means a product may have been designed flawlessly, but if it still harms consumers, a plaintiff could obtain leverage in a case. No matter what precautions a manufacturer took when designing a product, if it leaves the facility and injures a consumer, a company may have to pay for a victim's injuries. Although there may be managerial employees hired by the company to monitor the production of a product, faulty items are usually the items that have slipped through the cracks.
Unlike manufacturing defect cases, design defect claims focus on the events that occur before an item is manufactured. An attorney advocating for a victim who suffered due to a design effect highlights errors in the design when planning to create a product. If there is an error, the item will be deemed unreasonably hazardous. In the planning process of a product, the safest design should be chosen to protect consumers. If designers refused to select a safer alternative, it could be proven that those accountable had no disregard for those who chose to buy their product.
Although a product may be designed and manufactured properly, there still could be a flaw in how it was marketed. It is a manufacturer's duty to inform customers of the dangers of an item, as well as provide them with instruction for safe use. If a seller or distributor fails to provide adequate instructions or clear and prominent warnings displayed, a victim may be entitled to compensation.
How long do you have to file a product liability claim?
Legislators in each state have allocated time restrictions on the filing of civil claims. The time allotted to claimants varies based on the cause of action and the nature of the claim; this is called the statute of limitations. In the state of Pennsylvania, product liability claims must be filed within two years from the day an individual has been injured by a faulty product. However, there are exceptions.
Normally, the clock for the statute of limitations starts immediately after a person has been injured. But the application of the discovery rule provides leniency for victims who may not have realized they have been harmed yet. This rule was implemented for those in circumstances when symptoms or the physical effects of an injury have not yet become known. As it was Pennsylvania lawmakers' intention not to discourage valid claims under this law from being made, claims that may have been ordinarily considered time-barred due to a late filing with the court late could be valid under this rule. However, in order for the discovery rule to be applied, the realization of the injury must have been reasonable under the circumstances.
It's possible in Pennsylvania for a statute to be considered “tolled.” When a statute is tolled, it means that an event or circumstance has ceased the statute from being enforced. This occurs when the victim of an injury is a minor or the defendant has declared bankruptcy. If the claimant is a minor, they are permitted to file a claim within two years of his/her 18th birthday.
Who can be held liable in product liability claims?
A product travels through the hands of a number of parties before reaching a consumer. Any party that previously handled the defective product could be responsible for a victim's injuries. When filing a claim, it's important for a victim to note each partaker in the distribution process. Within a lawsuit, there must be a list of possible defendants. At times it is apparent when the device became faulty, while in some instances pinpointing the individual, organization or entity who is at fault may be difficult for a victim. Hired legal representation will be able to aid plaintiffs in accurately identifying potential defendants.
Below is a list of common defendants in product liability claims:
Manufacturer: If a product was “manufactured” in a company, it means it was created there. Oftentimes when products are created in large facilities and in large quantities errors are prone to occur. If the product became faulty in this part of the process of distribution, you may be entitled to compensation.
Sales representative: Manufacturers hire sales representatives to market their products. Sometimes these representatives may introduce products to companies and organizations to supply. For example, let's say a marketer presents a defective medical device to a doctor to sell to patients. If the recommended product injuries you, they could be held liable for a plaintiff's injuries.
Retailer: Faulty products may be available for purchase in retail stores. If the product became faulty at this stage in the distribution process, they may be at fault for a victim's injuries.
Experienced Philadelphia Product Liability AttorneysIf you or a loved one has suffered at the hands of organizations and manufacturers, do not hesitate to file a claim. Many victims who deserve the proper compensation may be discouraged due to high-priced lawyers, but if you have a viable case, your chances of winning will be undiminished. With the help of a seasoned attorney who is well-versed in product liability law, you can hold those who hurt you accountable. These types of claims aren't simple; they require a seasoned attorney who's accustomed to handling clients in your situation to ensure you get the compensation you deserve. The attorneys at The Brod Law Firm are dedicated to getting you the best results possible. Contact our Philadelphia, Pennsylvania injury lawyers for assistance with your product liability claims. Speak to Philadelphia product liability Injury lawyer, Gary Brod at 888-435-7946 (888-HELPWIN) for a free no obligation consultation and explanation of your legal rights. There also is the option of an easy online or phone sign-up process and we can begin work today. We serve all of the state of Pennsylvania from our offices in Philadelphia, Reading and Bala Cynwyd. There is never a charge to speak with us about your legal rights.
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