Philadelphia Hazardous Products Attorney
Product liability deals with cases involving defective or unsafe products. Manufacturers, wholesalers, and retailers of products can be held liable for damages arising from the use of defective products. Products covered by this area of law, include food, drugs, and real estate, as well as virtually all consumer products. The user who is injured and seeks damages does not need to be the original purchaser of the product. Nor does a person seeking damages have to prove negligence in many cases. Product liability frequently is a question of strict liability: that is, if the product is defective and that defect caused injury, the injured user may sue for damages as long as the product was used as it was meant to be used and not substantially changed from its original condition.
Unsafe, defective, and dangerous products in the consumer market are the subject of product liability. At all levels of retail – manufacture through sale to the consumer – there may be cause for product liability. Virtually all consumer products are covered by product liability, as well as food, drugs, real estate and others. In most cases, product liability is a case of strict liability, a legal condition meaning that specific negligence or error on the part of the manufacturer or retail need not be proven: the simple fact that a product used correctly resulted in injury is enough to support a case. The use of a product in a way not intended by the manufacturer, or modifying the product is some way will most often void any product liability.
In general, defects in a product may occur in one or more of three ways:
- Many products are dangerous when used outside of their intended area or use. Failure to warn the consumer about such dangers may be grounds for product liability.
- Defect may be embedded in the product’s design: a flawless manufacturing process still produces a flawed product because it is designed as such.
- Defect may occur during manufacture, through faulty equipment, operator error, or some other means. In this case, the design is sound and it is the manufacturing process itself that inadvertently introduces the defect.
Regardless of the circumstances of the product liability, it is essential the product and all paperwork about the product be reserved and given to the representing attorney. Receipts, repair records, etc., can be vital to a successful case.
If you or a loved one is in need of legal assistance, call Heavens Law Offices at 1-866-HEAVLAW, submit a free online consultation, or contact us. The initial consultation is free of charge, and if we agree to handle your case, we will work on a contingency fee basis, which means we get paid for our services only if there is a monetary recovery of funds. In many cases, a lawsuit must be filed before an applicable expiration date, known as a statute of limitations. Please call right away to ensure that you do not waive your right to possible compensation.