Dangerous Products
Whether you are using a household product or heavy machinery or industrial machinery, you should be able to count on the fact that the product has been safely designed and built as it was designed.
Faulty and defective products result in injuries to thousands of people every year, many of whom do not know that the law provides that the manufacturers, designers and distributors of these products may be held liable to compensate them for their injuries.
Products liability refers to the liability of any or all parties along the chain of manufacture of any product for damages or injuries caused by that product. This includes the manufacturer of component parts, an assembling manufacturer, the wholesaler, and the retail store owner who sells the product.
Products liability is generally considered a strict liability offense. Similar to a speeding ticket, strict liability wrongs do not depend on the degree of carefulness by the defendant. Translated to products liability terms, a defendant is liable when it is shown that the product is defective. It is irrelevant whether the manufacturer or supplier exercised great care; if there is a defect in the product that causes harm, he or she will be liable for it. In Pennsylvania, the law of strict product liability is based on Sec. 402A of the Restatement (2d) of Torts. Under the Pennsylvania law of strict product liability, a manufacturer of a product is the guarantor of its safety. The manufacturer is liable for any harm that a defect in its product was a substantial factor in bringing it about. A defect may be found where the product left the manufacturer control lacking any element necessary to make it safe for its intended use or possessing any feature that rendered it unsafe for the intended use. Intended use includes any reasonably foreseeable use or misuse of a product.
If you or someone you know has been seriously injured by a defective product, you may want to contact us for a free evaluation of your case. We have extensive experience in investigating and settling product liability claims, and will give your case the immediate and prompt attention that it deserves.
|
