Product Liability Attorneys in Philadelphia
Holding Manufacturers Accountable on Behalf of Victims Throughout Pennsylvania & New Jersey
Whether at home, in the workplace, or at the hospital, we expect the products we purchase and use to be safe. We are often even more reassured when it’s a product recommended or chosen by a medical professional. If you or a loved one are harmed because of a defective product, our Philadelphia product liability attorneys at Gay Chacker & Ginsburg Trial Lawyers may be able to help. We frequently deal with failures of medical devices and implants, automobiles, airbags, tires, electrical devices, ladders, clothes dryers, space heaters and yard equipment.
Our team is proud to serve clients in Philadelphia and New Jersey. Call us today at 215-567-7955 to schedule your free consultation.
How Do You Determine that a Product is Defective?
The products we use may be defective if the nature of their design of a manufacturing flaw makes them unreasonably dangerous. A product may also be defective if it lacks a proper warning that explains the proper use of the product or the risk of using the product.
Establishing product defects can be complex. The defect may be a support bolt that fails and cracks leading to a car or truck rollover causing serious injury. An electrical protection device may fail and cause a fire. The “defect” may also be inadequate safety precautions or proper training.
Our product liability lawyers are familiar with the experiments necessary to build your case, such as:
- Testing medical devices and implants (such as trans-vaginal mesh implant, breast implants, and pacemakers)
- Radiographic testing of tires to identify steel belt defects
- Microscopic examination of failed metal components to identify inadequate metallurgical structures and compounds
- Metallurgical stress analysis testing which explains the failure or melting of metals
- Computer downloads of vehicle crash data from airbag systems, anti-lock braking systems, and dedicated recording devices
- Duplicating failure modes with working product models
- Electrical conductivity testing
These lawsuits are a serious matter and it is easy to make a small mistake that can hurt your chances of getting the compensation you are due. One of the most important things to keep in mind after being injured by a potentially defective product is to save the product. Don’t throw it away or take it apart. Without the product that caused your injury, your product liability claims may be unprovable.
Defective Brakes & Mechanical Failures
There are different types of accidents that occur due to defective brakes, resulting in injuries to the spinal cord, face or head and limbs or internal organs. Unfortunately, the impact caused in this type of incident has been known to lead to fatalities as well. This is especially the case for heavy trucks and buses, fast sports cars, motorbikes and even bicycles that have no protection on impact. There may be multiple liable parties for your injuries and losses. There could be faulty brake pads or other defective parts affecting parts of your vehicle beyond the brakes themselves.
Common causes of brake malfunctions include:
- Manufacturing errors in factories
- Improper maintenance and installation
- Damage during the transportation or shipping of vehicles
Pennsylvania Product Liability FAQ
What are the types of product liability?
- Manufacturing defects: The simplest type of defect occurs when there is a problem with how a specific item is made. Manufacturing defects may arise from an error in construction or assembly which makes a particular product different from others in the same line.
- Design defects: Design defects occur when a product has an unsafe feature or lacks a feature that makes them safe for use or consumption, making the entire line of products inherently dangerous even when using the product correctly. In other words, there was no error in the product’s manufacturing or assembly and the dangerous product was created as designed.
- Marketing defects / failure to warn: Some products have certain inherent risks and require appropriate instructions and warnings on how they should be safely used, such as power tools or ladders. Manufacturers have a duty to disclose all reasonably foreseeable risks associated with the use of their products and can be held liable for injuries that result from a failure warn.
Does a product have to be recalled to be legally defective?
No. While a large number of products are recalled each year, these recalls are only issued once a dangerous feature has been discovered. Unfortunately, many dangerous products are never recalled, putting consumers at risk of severe injury. You can check to see if a product has been recalled at recalls.gov, but a recall is not a requirement for a valid product liability claim.
What compensation is available to victims injured by dangerous products?
- Medical expenses
- Lost wages and lost earning potential
- Pain and suffering
- Scarring or disfigurement
- Emotional distress
Recoverable damages are are often far greater than what victims realize. For this reason, it is important to consult with an attorney to discover your legal rights and get a more accurate representation of the value of your case.
How long do I have to file a product liability claim in Pennsylvania?
The statute of limitations for product liability claims in Pennsylvania is typically two years from the date of injury, though this deadline may sometimes be extended if the cause of your injuries was concealed or otherwise not discoverable. It is important to speak to an attorney to determine how the statute of limitations applies to your specific case.
It is important for those ultimately responsible for defective products of any kind to take responsibility. You should not have to face the aftermath on your own. Call our Philadelphia product liability attorneys at 215-567-7955 today to get started with a free consultation.
