Allentown Product Liability Lawyer
When you purchase a product at the store, you have a reasonable expectation that the item will be safe for its intended use. Indeed, manufacturers do generally take great care when designing and producing a product to ensure there are no defects that might potentially injure someone. Unfortunately, there are always exceptions to this general rule.
If you, or someone in your family, has been harmed by a dangerous or defective product, you do have legal options for seeking compensation. An experienced Allentown product liability lawyer can provide you with skilled advice in this area. At the O’Donnell Law Offices, we represent many clients who have been unexpectedly injured by a consumer product that had some defect in its design, manufacture, or labeling.
The Three Types of Product Liability in Pennsylvania
There are several different types of product liability claims recognized under Pennsylvania law. Some of the more common ones that we deal with include:
- Defective design – A manufacturer may be held liable if they selected a design for a product that was more dangerous than a “reasonable consumer” would expect, or if the potential risk of injury outweighed the burden of taking additional precautions to protect the consumer.
- Defective manufacturing – Pennsylvania imposes a “strict liability” standard when it comes to manufacturing, meaning that if a product left the manufacturer’s control in a defective state, it is responsible for any resulting consumer injury regardless of whether there was intent or knowledge of the problem.
- Inadequate warnings – Even if a product is well-designed and well-manufactured, a manufacturer may still be liable if they fail to provide adequate instructions or warnings to consumers on the safe use of the product.
In Pennsylvania there is normally a two-year statute of limitations for any personal injury claim. This means that you generally have two years from the date that you were injured by a defective consumer product to take legal action against the manufacturer or any other parties involved. This may sound like enough time, but keep in mind it often takes several months to properly investigate a potential product liability lawsuit, especially when multiple defendants may be involved.
You also need to be aware of Pennsylvania’s modified comparative fault rule in product liability cases. Basically, the manufacturer can turn around and argue that you were at-fault for your injuries, such as by using their product for an unintended use. If a jury finds you were more than 50 percent at fault, you will walk away with nothing. Even a lesser degree of comparative fault can severely limit the amount of monetary damages you are entitled to receive from the manufacturer.
Contact the O’Donnell Law Offices Today
Lawsuits involving dangerous or defective products are often quite complicated. That is why it is critical to work with an Allentown product liability lawyer who has experience in this area of the law. If you need to speak with a lawyer right away, contact the O’Donnell Law Offices today to schedule a free initial consultation.