Our Philadelphia defective product lawyer represents people injured by dangerous and defective products. The Consumer Product Safety Commission (CPSC) estimates that consumer products cause millions of injuries and thousands of deaths every year. When a product injury results from a defect in the product’s design, manufacture, or warnings, the product’s producers can be liable for the victim’s damages.
Consumer products that may cause serious injuries or death include, but are not limited to defective:
Defective Drugs and Medical Devices
Our Philadelphia defective product lawyer handles cases involving injuries and deaths from the following drugs and medical devices:
Defective Product Injury Lawsuits
Defective product injury lawsuits may include strict liability, negligence, and / or breach of warranty claims.
Strict liability claims seek to hold producers and sellers of defective products “strictly liable” for injuries caused by product defects. This means that the defendants can be legally responsible for a victim’s injury or death, even if the defendants were not negligent in creating or selling the defective product. If the defect existed at both the time of sale and the victim’s injury, injuries or death caused by the defect can result in liability of the product’s:
Only certain types of product defects can subject these defendants to strict liability: design defects, manufacturing defects, and warnings defects. Design defects exist when a product’s intended design renders it unreasonably dangerous. This may include such design elements as overly sharp and unprotected edges or inadequate safety restraints.
Manufacturing defects exist when a fault in the production process fails to conform to a safe design. This can occur, for example, through improper assembly of a product that would have been safe with proper assembly. It can also result from use of materials inferior to those specified in the design.
Warnings defects exist when package warnings or product instructions are inadequate to warn of certain hazards or instruct on safe use of a product. This can occur when drugs / medications fail to warn of dangerous side effects. It may also occur when inadequate instructions are provided for safe installation of a child’s car seat.
Plaintiffs injured by dangerous and defective products may also file negligence claims against producers and distributors of defective products. In contrast to strict liability claims, negligence claims require proof that the defendants were negligent in creating or selling a defective product.
Injured plaintiffs may also add breach of warranty claims against parties with whom they have “privity,” such as the product’s seller. Warranty claims often state that a product injury was caused by the defendant’s breach of an:
- Implied Warranty of Merchantability, and / or
- Implied Warranty of Fitness for a Particular Purpose
Defective Product Injuries
Cases handled by our Philadelphia defective product lawyer often involve catastrophic injuries or death. Effects from use of or exposure to dangerous products may include:
- limb loss / amputation
- severe and disfiguring burns
- brain injury
- birth injury
- crushing injuries and fractures
- strangulation, suffocation, asphyxiation
- cancer, heart damage, internal organ injuries
- wrongful death