What Legal Options Do You Have if You’ve Been Injured by a Defective Product?
Product defects can cause serious injuries, from minor accidents to life-altering harm. If you’ve been injured by a defective product in West Chester, Pennsylvania, it’s crucial to understand your legal options. Defective products can range from household items to cars, medical devices, or industrial equipment, and the impact can be both physically and financially devastating.
At Goldberg, Goldberg & Maloney, we are dedicated to helping victims of defective product injuries in West Chester and the surrounding areas. Our firm of experienced personal injury attorneys understands how overwhelming it can be to deal with the aftermath of such accidents. Let’s explore your legal options after being injured by a defective product.
What Constitutes a Defective Product?
A defective product is one that is unreasonably dangerous or harmful when used as intended or when it doesn’t meet safety standards. There are different types of defects that can cause injuries, and they fall into three main categories:
Design defects: These occur when a product is inherently dangerous because of its design. Even if the product is manufactured perfectly, its design may make it unsafe for consumers. For example, a car with a design flaw in the braking system that leads to accidents would be considered defectively designed.
Manufacturing defects: Manufacturing defects happen when a product is made improperly or deviates from its intended design. For example, a batch of pills that contains the wrong ingredients or an assembly line error that results in faulty electrical wiring can cause manufacturing defects.
Marketing defects (failure to warn): These occur when a product is sold without adequate warnings or instructions. If a product is dangerous but doesn’t come with clear safety information or warnings about its proper use, this could be considered a marketing defect. For example, a toy with small, detachable parts may not have a warning on the packaging about the choking hazard it poses to children.
Understanding the type of defect that caused your injury is crucial for determining your legal options and pursuing a claim against the responsible party.
Legal Options for Victims of Defective Products
If you’ve been injured by a defective product, you have legal options to pursue compensation. In Pennsylvania, victims of defective products can file a lawsuit based on several different legal theories. Here are the most common legal options available to you:
Product liability claims: Product liability law holds manufacturers, distributors, and retailers accountable for injuries caused by defective products. There are three main theories under which you can file a product liability claim:
Strict liability: In Pennsylvania, the law allows for strict liability claims in product injury cases. This means that the injured party doesn’t need to prove negligence. If a product is defectively designed, manufactured, or marketed, the manufacturer may be held strictly liable for any resulting injuries.
Negligence: If you can show that the manufacturer or another party in the product’s distribution chain acted negligently (for example, if the manufacturer failed to conduct proper testing), you may have a case for negligence.
Breach of warranty: If the product didn’t perform as expected and caused harm, you might be able to file a claim based on breach of warranty. This could apply if the product didn’t meet the standards set by the manufacturer or didn’t fulfill the intentions made in its marketing or advertising.
Personal injury claims: A personal injury claim can also be pursued if you’ve been injured by a defective product. This claim would involve proving that the defendant’s actions or the defect directly caused your injury. In these cases, the injured party must demonstrate that the product was dangerous and that they were harmed as a result.
Class action lawsuits: If a defective product has harmed a large number of people, a class action lawsuit may be an option. Class actions allow many plaintiffs to join forces and file a single lawsuit against the manufacturer or distributor, making the legal process more efficient and cost-effective.
Pursuing any of these claims will require gathering evidence to support your case, including professional testimony and detailed documentation of the injury. It’s important to work with personal injury attorneys who are experienced in product liability to make sure that your claim is handled effectively.
Proving a Defective Product Case
To win a product liability case, you need to prove that the product was defectively designed, manufactured, or marketed and that the defect caused your injury. Here are the essential elements you must prove:
The product was defectively designed, manufactured, or marketed: You need to show that the defect existed at the time the product left the manufacturer, even if it wasn’t visible to the consumer. In cases of design defects, you must demonstrate that the design made the product inherently unsafe. For manufacturing defects, you need to prove that something went wrong in the production process, making the product unsafe.
The defect caused your injury: You must show a direct link between the defect and your injury. This can be done through medical records, witness testimony, and professional opinions that demonstrate how the defect led to your accident or injury.
You were using the product as intended: To hold the manufacturer or retailer liable, you must show that you were using the product as it was intended to be used when the injury occurred. If you were misusing the product or using it in a way it wasn’t designed for, it could weaken your case.
Gathering evidence is crucial to building a strong case, and working with experienced personal injury attorneys can help make sure that you have the right documentation and professional testimony to support your claim.
How Personal Injury Attorneys Can Assist With Defective Product Cases
If you’ve been injured by a defective product, hiring personal injury attorneys who are experienced in product liability is essential. Here’s how an attorney can assist you:
Investigating the cause of the injury: Your attorney will conduct a thorough investigation into the cause of the injury, including obtaining the defective product, interviewing witnesses, and consulting with professionals in engineering, manufacturing, or medicine to assess the defect and its effects.
Handling negotiations with manufacturers and insurance companies: Manufacturers and insurance companies often try to minimize their liability and offer low settlements. An attorney will handle all negotiations on your behalf to secure a fair settlement or prepare your case for trial if necessary.
Professional testimony: Personal injury attorneys often work with authorities to explain the defect and how it contributed to your injury. These professionals can provide important testimony about the safety standards that were violated and how the product failed to meet them.
Filing a lawsuit: If settlement negotiations don’t lead to a satisfactory outcome, your attorney will be prepared to file a lawsuit and take the case to trial. They’ll represent you in court, presenting evidence and arguments to hold the responsible party accountable.
Working with experienced personal injury attorneys can significantly increase your chances of success in a defective product case. They’ll handle all aspects of the legal process, from investigating the case to securing compensation for your medical bills, lost wages, and pain and suffering.
Time Limitations for Filing a Defective Product Lawsuit
It’s important to understand that in Pennsylvania, there are time limits for filing a product liability lawsuit. These time limits are governed by the statute of limitations, which sets a deadline for when a lawsuit must be filed. In personal injury cases involving defective products, the statute of limitations is generally two years from the date of the injury.
If you fail to file your lawsuit within this time frame, you may lose your right to seek compensation for your injuries. That’s why it’s crucial to consult with personal injury attorneys as soon as possible after being injured by a defective product to make sure your claim is filed on time.
Contact Us at Goldberg, Goldberg & Maloney Today
If you’ve been injured by a defective product in West Chester, Pennsylvania, you have legal options to seek compensation for your injuries. Whether you pursue a product liability claim, a personal injury lawsuit, or a class action, it’s essential to work with experienced personal injury attorneys who can help you understand your legal rights. Contact us at Goldberg, Goldberg & Maloney today to start the process of holding the responsible parties accountable for your injuries.