Philadelphia Products Liability Lawyers
Any manufactured product can be defective or unsafe. This applies to products used at work as well as in our homes. Unsafe equipment such as cranes, lift trucks, and power tools can cause injuries. This does not mean that all accidents associated with a product are grounds for personal injury lawsuits. If the product has caused an injury due to unsafe design, a manufacturing defect, or the failure to provide proper instructions, a products liability lawsuit can be filed.
Here are some questions about product liability that you may have:
What is an unsafe or defective product?
A defective product is a product that causes injury or damage because of a flaw or inappropriate or insufficient labeling. Products may also be considered defective if they are designed in such a way that when they are used as they are intended it results in an injury. All states allow people injured by defective products to recover damages.
When is the manufacturer liable for an injury caused by an unsafe or defective product?
The manufacturer, supplier or seller can be held legally responsible and be required to pay full and fair damages to an injured party if:
- Helmets, eye glasses, gas masks, protective clothing, footwear, and other equipment is defective or unsafe
- The defective or unsafe condition caused or worsened an injury
- You are injured while using a product that malfunctions, is unguarded, unsafely designed, or is unsafe because the manufacturer failed to give proper warnings and instructions for use.
These cases are called products liability lawsuits. The National Safety Council estimates that between 10% and 15% of all industrial injuries are caused by inadequately guarded or unguarded machinery.
Can the immediate seller or provider of the product be liable for an unsafe product?
Yes. Defective or unsafe personal protective equipment can be subject to a third-party lawsuit. The manufacturer, supplier and seller of personal protective equipment have a duty to manufacture, supply, and sell the equipment in a safe condition for all foreseeable uses.
What should I do if I was injured because of an unsafe product?
If you have suffered injuries because of a product, contact an experienced Philadelphia product liability attorney. You may be able to file a products liability action and recover damages based on either strict product liability or breach of warranty.
Strict Product Liability
Strict liability means that certain people or companies are automatically responsible for the damages their actions or products cause. In the case of manufactured products, strict product liability means that you must prove that a product was defective. You do not need to prove that the injured party was negligent while using the product.
Breach of Warranty
Manufacturers can issue implied warranties and express warranties for their products. Implied warranties are established by state law and say that a product will be safe to use for its intended purpose. Express warranties are guarantees from the seller that the product will function as it is intended and will be safe to use. A breach of warranty means that the product was defective or did not function as it was intended.
Why do I need a lawyer?
An experienced Philadelphia products liability lawyer from Galfand Berger can help you determine if you have a products liability case. Many seriously injured people do not consult lawyers because they do not think they can sue. Sometimes they think it is their fault or the fault of another worker that caused the injury. Just because a co-worker contributes to an accident does not mean you have no case. Negligence on your part, a co-worker’s part, or the company’s part does not prevent you from filing a claim against the manufacturer, distributor or supplier of the unsafe product. The key question is whether the product could have been designed to reduce or eliminate the defect that caused your injury.
Contact the Philadelphia Products Liability Lawyers at Galfand Berger Today
If you or a loved one has been injured, we are happy to answer your questions and have one of our Philadelphia personal injury lawyers review your case for free. Please call us at 1-800-222-USWA (8792) or complete our short contact form and a member of our firm will contact you.
With offices in Philadelphia, Lancaster, Bethlehem and Reading, we serve clients throughout Pennsylvania and New Jersey. And, remember, there is no fee unless we recover for you.