12.28.2020

What Is a Defective Product Lawsuit?

We use them every day – products. Items that were designed and manufactured by a faceless person we don’t know, yet we trust them to provide safe, effective goods. However, people can be injured by defective products. When this happens, the injured parties might seek compensation by filing a defective product lawsuit.

Defining a Defective Product

Generally, defective products are commercial goods that are dangerous, have inadequate instructions, or are not fit to use as intended. Products liability cases can involve the following parties:

  • The person injured by the defective product;
  • The manufacturer of the product or its components;
  • Any party that manufactured the product;
  • The wholesaler and retailer of the product.

Even marketers and advertisers can be sued in a defective product lawsuit.

Defective Product Consequences

Product liability cases often make the news. So, you might have heard of the harm that defective products can cause but did not realize litigation was involved.

The following is a short list of ways that defective products can harm people:

  • Serious injuries or death caused by faulty car parts.
  • Cancer and other conditions caused by a wide range of products like tobacco, weed killer, vaping, and asbestos.
  • Damage to your car, home, or other possession because of faulty products.
  • Bodily injury and death caused by faulty breast implants, hip replacements, and other medical devices.
  • Death caused by exploding automobile gas tanks.
  • Serious medical conditions caused when drug manufacturers fail to warn of side effects or produce defective drugs.

Just as we use products of all kinds every day, those same products could fail. Is a defective product lawsuit looming in your future?

Filing a Defective Product Lawsuit

First, it’s crucial to speak with an experienced attorney. Your lawyer can review the facts of your case, do the necessary research, and present you with some options. One option, of course, is to file a defective product lawsuit.

In this type of litigation, you will need to prove the following elements:

The Injury. How were you injured? What are your injuries? Medical records could certainly help here.

The Defect. You will need to show that the product did not work as intended. The malfunction could have been caused by a design error or a manufacturing error. Even failing to warn consumers of potential hazards can lead to a defective product lawsuit.

The Connection Between Your Injury and the Defective Product. You will have to show that the defective product caused your injury.

How You Used the Product. Were you using the product as it was intended to be used? If so, and you still got hurt, then it’s likely the product was defective.

It’s Crucial to Understand the OSHA Guidance for Workplace Safety Now More Than Ever

Some workers might be injured because their employer did not follow OSHA guidelines. If so, you might have a workers’ compensation claim.

The process for filing and receiving approval of workers’ compensation claims in Pennsylvania is complicated. Claimants are required to provide a long list of information in the form of medical records and other necessary documentation. This information must be collected, organized, and presented within certain procedures and deadlines. Powell Law has represented injured workers for 115 years and has a distinguished reputation throughout northeastern Pennsylvania for adhering to the highest standards in serving those injured on the job. Contact Powell Law at (570) 961-0777. The consultation is FREE, and you don’t pay unless we win!

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