Click to change text size
Defective Product Litigation
Philadelphia, Pennsylvania
- Return to Main
- Do I have a Case? - Was the Product "Defective"?
- Strict Liability Does Not Require Proof of Negligence
- Building Your Product Liability Case
- Was a Proper and Adequate Warning Made Concerning Safe Use of the Product?
- What Can You Recover as Damages in Your Personal Injury Lawsuit?
- Can You Recover if Your Child is Seriously Injured or Dies After Being Vaccinated?
- Aviation & Aircraft
Many products may have certain quirks that could lead to injury if exploited. However, not every product with the potential to injure can be considered "defective" under the legal definition. Some products carry inherent dangers that consumers have a duty to be aware of. For example, balloons are known choking hazards for infants and children, and a balloon manufacturer cannot be sued if a choking death results, unless there was some product defect that posed a specific hazard.
For a product to be deemed defective, it must satisfy certain criteria. If a product is in a defective condition, it is considered unreasonably dangerous to the average user. A defective product has the potential to cause physical harm and deviates from the original standard of the non defective version of the product. A product may be defective by design, meaning that a whole line of products posed the same risk and were created with the defect. It may be defective by manufacturing, meaning that something went wrong and the defect resulted due to a manufacturing mistake. A defective product causes injury under normal, intended use and any use that the manufacturer should have reasonably foreseen. If a product is found to meet the "defective" criteria, the manufacturer, retailer, distributor, etc. may be held financially responsible for the injuries that resulted.
In cases involving a question of product defect, the prosecuting side must show that the manufacturer failed to live up to a duty to provide a reasonably safe product. If the product caused injury after unforeseeable use, the manufacturer most likely will not be held responsible. The defective product attorney must be able to show that a) the product caused the injuries and b) the product was defective at the time of purchase and c) caused injury during intended or foreseeable usage. Compensation for all expenses related to the injury including medical bills, lost wages, permanent disability or disfigurement, pain, suffering, and emotional distress will be requested. Punitive damages may be requested if it can be shown that the defendant had knowledge of a potentially harmful defect and means to correct it, but failed to take action. The targeted parties may choose to settle, or the case may move onto a jury trial.
If a product is determined to be defective, the next step is usually to issue a recall. The FDA will ask the manufacturer to recall the product based on one of three classifications of hazard:
Class I - products which have the potential to cause serious injury or death
Class II - products which pose a minor threat and are not considered life-threatening
Class III - products that violate FDA standards but do not pose health or injury risks
For a list of updated defective products, please visit the FDA web page at http://www.fda.gov/opacom/7alerts.html
If you or a family member suffered serious injuries after using a defective product or drug, you need a knowledgeable defective product attorney team. Contact Pomerantz Perlberger & Lewis in philadelphia, Pennsylvania today for your personal legal consultation.
