We handle a wide variety of product liability cases. Some examples include people injured by faulty construction equipment such as scissors lifts, cranes, and scaffolding systems; people injured by dangerous industrial machinery, such as conveyor systems or manufacturing systems; people hurt by defective household products like space heaters and other small appliances; and people injured or sickened by unsafe food products, including food that contains foreign objects or pathogens. We have handled cases involving defective cars and trucks. And we have also had several cases where people were injured by dangerous electrical distribution systems, including their switchgear equipment and fusing equipment.
Do I Actually Need To Have The Physical Product, Including The Original Packaging and Instructions, Before Filing a Product Liability Claim?
Obtaining and preserving the original product is vital to the case. Without it, there may not be a way to proceed with the case. The reason is that courts have ruled on these issues over the years and decided that the defendant has to have the ability to examine and test the product. Another reason is that if the product is lost or destroyed, then we may not be able to prove what was wrong with it. We need to do our own examination and testing in order to prove that the product was defective and that it caused the persons injuries.
With regard to the original packaging and instructions, those are important as well but not as vital as the original product. This is because typically those are printed and sent out with every product, so we can get examples and use those rather than the originals. Keeping the original product and preventing any kind of changes to it is the most important thing. The warnings and instructions are less important.
What Are The Factors That Determine The Viability Of A Product Liability Case?
Let me contrast this with a typical negligence case. In a negligence case, we have to prove on behalf of the injured plaintiff that the defendant acted carelessly or negligently in how they conducted themselves. In a product liability case, we must prove that the product was defective and caused an injury. In Pennsylvania, our courts have decided that manufacturers, distributors, and sellers of products are the guarantors of their safety. That’s the language that the courts use. Because of that, all products have to be provided with every element necessary to make it safe for its intended use, and without any condition or problem that makes it unsafe for its intended use. If a product is defective, or if it’s unreasonably dangerous and unsafe for its intended use, then the manufacturer is responsible, regardless of any care or conduct on their part in trying to make sure that it’s safe.
It really has nothing to do with the negligence of the supplier of the product. The manufacturer, seller, and distributor are responsible for a defective product, even if all possible care has been taken with the design, manufacture, and sale of the product. One thing that we want to do is to get the product, and examine it to determine whether there is anything wrong with the product. We also research to see if there have been any complaints about this particular product. We routinely hire top experts from around the country to examine the product and to do testing. Based upon that, we’ll decide whether we think that there is a viable product liability case. The other issue that we sometimes look at is whether the product was not accompanied by proper warnings and instructions concerning its use. If this is the case, it may also be considered defective. The consumer must be warned of possible risks and limitations inherent in the product. That’s another way that we can sometimes prove that the product is defective—with inadequate warnings or instructions.
The third way is that sometimes the product malfunctions, and though we are not able to identify specifically why it malfunctioned, it is clear that the product did not function the way that it was intended. There is a legal doctrine in Pennsylvania law known as the malfunction theory, meaning you can prove that a product is defective just by virtue of the fact that it malfunctioned. You usually see this with products that are still relatively new and malfunction with their normal and ordinary use. The fact that it malfunctioned is circumstantial evidence that the product is defective.
In any kind of product case, we have to do an investigation about what happened, question our clients carefully about the circumstances, interview any potential witnesses, and examine the product ourselves. We also find out whether there have been other complaints or issues with that product, and if necessary, we hire experts to assist us in investigating whether we can prove that the product is defective.
For more information on Product Liability Claims In Pennsylvania, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling 1-844-334-6654 today.