A product liability lawyer is normally contacted when consumers make purchases with the expectation that the product they’ve bought perform as it is meant to and that it will also be safe. When a product fails and the failure causes injury the company responsible for its manufacture and sales can be held responsible for the damage that has been incurred. A products liability lawsuit can be filed in situations where either injury or death results from defective products. The claims filed can include breach of warranty, negligence, and liability, and damages can include compensation for medical expenses, emotional distress, financial losses and pain and suffering. In cases where a jury feels that there has been wrongdoing or misconduct a defendant may also be required to pay punitive damages. The experienced Philadelphia & South Jersey attorneys of Bochetto & Lentz represent victims of product liability. Contact us today for more information.
Every product liability lawsuit requires the ability to prove that the product that is at the root of the case is defective, and there are three different types of product liability claims that can be filed:
- Claims for design defects that make a product inherently dangerous or that create a risk that is greater then the benefit the product provides. These risks have nothing to do with the manufacturing process because they existed before the product was actually created.
- Claims for defects during the manufacturing process, including the use of poor workmanship or materials.
- Claims for failure to warn of dangers that are not obvious. This can include not providing adequate or complete instructions as to use, as well as risks.
As a matter of law, product liability is what is known as a strict liability offense. This means that the defendant’s guilt is not tempered by the degree of care that they exercised; a product’s defectiveness is a black and white issue, so if it is defective than the defendant is considered legally liable for the damage that it has done.
In addition to proving the defectiveness of the product, product liability cases require proof that an injury has occurred and that the product’s defect was responsible for that injury. Proof is also required that the product was being utilized in the way that it was intended to be.
There are numerous examples of product liability cases that can be filed. These include:
- Asbestos litigation for illness and death caused by exposure
- Chemical and cosmetic company liability for injuries caused by household chemicals and products used for personal hygiene.
- Firearms liability for injuries caused by weapons that are proven to be unsafe.
- Machinery and tools whose use results in serious injury or death because of a product defect or insufficient instruction regarding risk or use.
- Medical device and drug liability for injuries, deaths, or birth defects caused by their use.
- Vehicle manufacturers whose design or manufacturing process yielded unsafe automobiles.
- Recreational products that result in injury. This can include everything from toys to amusement park rides.
For information about filing a products liability lawsuit, contact the experienced attorneys at the Philadelphia law firm of Bochetto & Lentz.