Fundamentals Of A Product Liability Claim
Toys, pharmaceuticals, sporting equipment, personal hygiene products, beauty products, appliances, and more can all be defective. And when a consumer uses a defective product, they unknowingly are put at significant risk for serious bodily harm and death.
Each state has guidelines on how victims can proceed with a defective product liability claim. So, when a defective product victimizes someone, they must abide by their state’s rules if they file a claim for compensation. The Pennsylvania statute of limitations for filing a defective product claim is two years. In Pennsylvania, a victim may file either two years from the date their injury accident occurred, or they may file two years after they discovered their harm from a defective product.
There are a few elements that a plaintiff filing a product liability claim must establish to be successful with their claim. Not to mention, defective product liability claims can be highly complex and will likely be met with seasoned legal teams on the manufacturer’s side ready to fight them and deny victims payment for their damages. It is critically important that if you believe you were harmed by a defective product, you are supported with legal counsel of your own to give you the best chances of securing compensation for your losses. This is where a product liability lawyer at O’Donnell Law Offices can help.
What Do Victims Need to Prove Their Product Defect Claim?
Injuries from a defective product can be minor, but they can also be catastrophic and deadly. The losses a consumer sustains from using a faulty product are not the consumer’s responsibility to handle by themselves. Potentially a negligent manufacturer could be held accountable for paying victims who are harmed by their products.
First, though, before a victim can be compensated for their damages, they must be able to demonstrate specific facts. It is imperative that a victim of a defective product injury be able to have sufficient enough evidence to show the following:
- The consumer was harmed in some way, whether that was being physically injured or by developing an illness.
- The harm suffered was directly related to deficiencies with a product.
- The product was defective. This could happen in one of three ways, manufacturing issues, design flaws, or false marketing.
- The consumer used the product the way it was supposed to be used.
Each product defect liability case is different, as everyone’s experience can vary. But in the most severe cases, a victim could secure a large cash award for their harm. In 2020, the Insurance Information Institute reported that product liability lawsuits produced the most compensation for victims compared to every other personal injury claim filed that year.
Speak to a Pennsylvania Product Liability Attorney Today
If a defective product injured you, you will need the assistance of a proficient product liability attorney to help you obtain the most favorable outcome.
Schedule a free initial consultation with the Pennsylvania product liability attorneys at the O’Donnell Law Offices serving clients in Kingston, Wilkes Barre, Hazleton, and Pittston at 570-821-5717 or online today. There is no fee or cost until we win your case.