  
"Defective
Products" What does that mean?
A product is considered defective when it has some kind of
defect in the product itself, the labeling or the way the product was
used. If a person is injured as a result of the defect, that person may
have a case against the manufacturer or any others involved in the chain of
commerce involving the products that caused the injury Examples of
"Product liability" claims include a car sold without
operational brakes, a mislabeled product that causes injury, injury from
exposure to chemical, or harmful side effects from an improperly tested
drug.
What type of
Products Are we Taking About?
- Toys (Including recreational equipment)
- Automobiles (Seatbeats, Airbags, Crashworthiness)
- Medicine
- Chemicals (Cleaning Products)
  
- Machines (Lawnmowers, Backhoes)
How do I know
if I have a case for a 'Product Liability' Claim?
Generally, you may have a case if your injury was caused by one the following:
Defect in Manufacturing.
In this type of case, the injury is caused by a defect in the manufacture of
the product. An example would be a glass bottle that breaks when used
because it was manufactured with a weak spot causing an injury to the user.
Defect in Design. In
this type of case, the injury is caused by a product with a poor
design. For example, a chainsaw may work properly and have no defects
but because it was designed without proper safety or protection devices, it
can cause an injury to it user.
Inadequate Warning. We are all familiar
with the endless warnings that come with the packaging of a product we may
purchase. Examples of cases involving a 'failure to warn' include a
medicine that does not warn of side effects or a product with a know or
inherent danger that was sold without the proper warning.
Who do I
Sue if I have a Case?
Every case is different. However, in most cases the liable party
may include the manufacturer, the seller or the repairer of a defective
good. Sometimes, even a person who did not cause the injury may be
liable because they were using it in such a way so as to cause the
injury.
What are the exceptions or
Limitations to Product Liability Cases?
- There are some product that are recognized to be
dangerous and the consumer is expected to know the danger. For example,
guns, knives, powertools and power equipment. An injury from one of
these products may not be compensable because of the known danger in the
product.
- Next, injuries from products that are second hand or
used goods may not be compensable. Was the used product sold with
warranty? Remember, every case is different. Your attorney can
determine from the facts whether you have a claim.
What
does my lawyer need if I want to pursue a Product Liability Case?
Proof. You will need to provide all the information you have about
the product, as well as the product itself if you can. If you purchased the
defective product, you should have the information about the store where it was
purchased, and when. Look for any literature or manuals which came with the
product. Take photographs of the product, or where the injury occurred, if
possible. Products liability cases usually require preservation of the
defective product. If you have been injured by a product, make every
effort to save it, even if it has been damaged. The preservation of
evidence is crucial to recovering damages in these cases.
If
you believe that you, or a family member, has been injured by a defective
product, please contact me immediately. There are
many pitfalls and deadlines in a product liability case. You need an
experienced attorney will be able to guide you through the legal
maze.
To
Discuss your case with an attorney, call us or email us for legal advice.
Telephone: (717)
854-6400 FAX No: (866) 353-5570
Office Hours &
Address: Office hours: Mon-Fri
9am-5pm. Closed from 12pm-1pm
18 South
George Street, Suite 410,
Pennsylvania 17401
E-Mail: Cardenas@CardenasLawFirm.com
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attorney to contact you or if you have any questions
on our services, you can fill out and submitted our "Request
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