Philadelphia Product Liability Lawyer
Injured by a Defective Product? A Product Liability Lawsuit Can Bring Compensation.
If you have suffered an injury from a faulty product, a Philadelphia product liability lawyer can help you get compensation for your losses.
When you buy a product and use it as intended, you do not expect it to harm you, yet serious injuries from defective products occur every day. Many consumers may be unaware that thousands – if not millions – of products are recalled every year due to potentially dangerous defects. Sadly, many of those recalls occur only after products have caused serious injuries.
All manufacturers are supposed to ensure that their products are safe for consumers to use, or to have a warning if there is some risk involved. When this does not happen and you or a family member was injured or someone has died because of a product that turned out to be dangerous or defective, you may be able to get compensation through a product liability lawsuit.
Laws regarding product liability are complicated, and making mistakes can be costly; but the experienced Philadelphia product liability lawyers at Wapner Newman are here to help. We can evaluate your situation in a free initial consultation and determine the best way to move forward. There is no charge for our legal services unless and until we successfully obtain a recovery for you.
Call a Philadelphia product liability attorney at Wapner Newman today to get started at (215) 569-0900. Our team helps clients in Pennsylvania and New Jersey.
How a Product Liability Lawyer Works to Help You
Steps Our Defective Product Lawyers Take
When you are injured by a defective product, there is no time to waste getting started. When you contact our Wapner Newman lawyers, we begin working for you immediately. We will:
- Meet with you to discuss how your injuries happened, who the at-fault parties may be, and what your case may be worth
- Investigate the circumstances of your injury and gather any evidence
- Speak to any witnesses
- Pursue expert testimony
- Help you obtain proper medical care and document all injuries and their progression
- Ensure all paperwork and preparatory actions are fulfilled in pursuit of an injury claim
- Negotiate with any insurance companies involved and attorneys from the other side
- Build your case and take it to court if necessary.
Once you come to us, we ensure your claim is filed in a timely manner. Our lawyers will handle the investigations, negotiations, details, and legal requirements, so you can take the time to begin recovering from your injury.
Product Injury Lawsuit
Our Product Liability Lawyers Explain Product Injury Lawsuits
“Product liability” lawsuits are for the purpose of getting compensation from those responsible for injuries caused by defective or dangerous products. Anyone in the chain of distribution of a defective product may be held liable if the product causes harm, including the manufacturer, the manufacturer of component parts, the wholesaler, the distributor and the retail store which sold the product.
In general, you may have a product liability case based on defects in three categories: manufacturing defect, design defect, and failure to warn.
1. Manufacturing defect. Manufacturing defects are flaws or defects that occur in the manufacturing process and may involve poor quality materials or shoddy workmanship. These defects occur when the product does not conform to the designer’s or manufacturer’s own specifications. Manufacturing defects usually are caused by errors in quality control or production and may not occur in every identical item produced.
These cases are the easiest to prove, since the manufacturer’s own design standards can be used to show that the product was defective.
2. Design Defects. These occur when the design is flawed and the product is unreasonably dangerous and can cause injury or death to someone using it, even though it is manufactured properly. However, not every product that can cause harm is defective. For example, a chain saw is inherently dangerous if not used correctly, but this not a design defect.
Examples of design defect would be airbags that shoot metal fragments when they inflate and medical devices that cause deadly infections when implanted in the body.
For design defects, our attorneys may need to present evidence that there was a cost-effective and less dangerous alternative design that would have prevented the injury and still kept most of the product’s usefulness.
3. Failure to Warn. This arises when a product has a non-obvious danger that could be avoided through adequate warnings or instructions to the user. Manufacturers are required to provide warning labels or statements if the product has an unexpected danger that is not obvious or if it must be used a certain way to be safe; they can be held liable if they fail to do so. For example, a product that poses a choking hazard to children or one that has elements that can burn you must carry a warning.
If the labeling or design of a product complies with federal regulations, your attorney would have to show that the regulations were inadequate or that the manufacturer withheld product information that may have affected its approval.
Who Can be Held Liable in a Product Liability Case?
Depending on the circumstances, there may be several parties responsible for your injuries.
Manufacturers and designers: The manufacturer of the product or its parts and parties involved in the design or marketing of the product may be liable.
Retailers: Retailers are held responsible for ensuring products they promote for sale are safe and suitable for use, so they can be held liable for damages if they sell defective products.
Wholesalers: The wholesalers, who are “middlemen” between the manufacturer and the retailer, may also be held liable.
Our product liability lawyer will investigate how the product was manufactured and distributed to find all parties potentially at fault for the damages you received. We would name them all as defendants in the lawsuit since they all may have insurance and assets that can go toward a settlement.
To win your case, we would have to show that the following elements exist:
- The defendant had a duty of care for their product not to cause harm.
- This duty was breached because the product was defective and unreasonably dangerous.
- The product got to you without a substantial change in condition and was used correctly.
- The defect caused you harm.
- You suffered damages as a result.
Damages Our Product Liability Attorneys May Recover
In a successful product liability lawsuit, our attorneys may recover an award, called damages, for the injuries and losses you have suffered. This includes an amount to compensate for your economic and non-economic losses, as follows:
Economic damages are for monetary costs you have from the accident, including:
- Medical, therapy, and rehabilitative expenses – past, current, and expected in the future
- Lost wages and future earning capacity
- Property damage
- Funeral costs if a death is involved.
Non-economic damages do not have a specific dollar value, but are compensation for losses including:
- Physical and emotional pain and suffering
- Loss of enjoyment of life and of life’s pleasures
- Loss of a marital relationship (consortium).
PUNITIVE OR EXEMPLARY DAMAGES
In some rare circumstances, there may be punitive damages awarded as well. These serve to punish a defendant for gross negligence and reckless actions and as an example to discourage this type of offense from happening again.
Possible Damage Amounts in a Product Liability Case
There is a wide range of settlements for a product liability lawsuit, from the thousands to millions of dollars. Damage amounts depend on your monetary losses and individual factors such as:
- The type, extent and effects on your life of your injuries
- Whether the injuries will be permanent and require continuing care
- Whether you will be able to work in the future and what your earning capacity would have been if the injury had not occurred
- Your age, health, and family situation
- The skill of your attorneys to negotiate and build your case.
You deserve compensation for your injury-related expenses, and the manufacturer or other party responsible for the product defect should be held accountable for their negligence. Call Wapner Newman now to get started with your case.
Product Liability Lawyers Answer Questions about Defective Products
Anyone injured by a defective product is bound to have questions and concerns. The following are answers to questions our product liability attorneys are frequently asked:
Anything from children’s toys to pharmaceuticals to automobiles to defective medical devices can pose a threat. If the product was not properly labeled or the instructions were faulty, you may have a claim for your injury. There could also be fault with the way the product was designed or manufactured, or a failure on the part of the company to properly warn you of potential hazards.
If you or a loved one has been injured by a defective product in Philadelphia or Allentown, Pennsylvania, or in New Jersey, please contact Wapner Newman for your free consultation with one of our experienced product liability attorneys.
Justice for Injury Victims: Contact Our Product Liability Attorneys
If you think a mislabeled or defective product is what caused your serious illness or injury, you may be entitled to compensation that can help you cover your lost wages and medical costs. And by talking to a product liability lawyer in Philadelphia, you’re helping to spread the word about dangerous products, which could in turn protect other people from the same injury or illness. We help protect the injured throughout Pennsylvania and New Jersey.
Don’t wait to ask for help, as there are time limits for filing. According to Pennsylvania law (Title 42 Pa.C.S.A. Judiciary and Judicial Procedure § 5524), you generally have two years after the injury to file your case, or the courts are likely to refuse to hear it. In addition, it’s best to allow time for us to investigate and build your case while evidence is fresh and witnesses can be found.
Contact an experienced Philadelphia product liability lawyer to ask for your free, no-obligation consultation. Call us today at (215) 569-0900.