What are the types of product liability in Philadelphia?
Product liability claims in Philadelphia are based on three types of deficiencies - defective design, defective manufacturing and lack of adequate warnings:
In Pennsylvania, defective design is broken down into two parts - consumer expectations and the risk-utility test. A product can be defective under consumer expectations standards if the product is more dangerous than a consumer should reasonably expect. For example, everyone expects an inflatable water slide to carry a certain amount of risk of injury. However, if the water slide completely deflates unexpectedly because of the use of inappropriate materials, the design might be unreasonably dangerous.
Another way that a product may be unreasonably dangerous is if the occurrence of injury is outweighed by taking precautions to prevent the injury. In other words, if it wouldn’t be too burdensome to fix the danger compared to the injury that occurs, the danger in the product can be grounds for product liability based on defective design. When a product has a defective design, the defect occurs in all of the products that the company produces.
When a product has defective manufacturing, it means there’s an unintentional flaw in the design process. When a manufacturing defect occurs, the error might impact a single product, or there may be many products that don’t turn out as intended. You don’t have to prove that the manufacturing error occurs because of negligence. All you have to show is that you’re hurt as a result of the defect.
Lack of adequate warnings or instructions
A product liability claim may be based on inadequate warnings or instructions. A product manufacturer has a duty to provide enough warnings and instructions for a reasonable person to use their products carefully. When they don’t provide enough instructions and warnings, they may face legal liability when harm occurs.
Contact our product liability attorneys today
Have you been hurt because of a dangerous product? You have a limited amount of time to file your claim. Our attorneys want to help you get the full compensation that you deserve after an accident occurs. You owe it to yourself to pursue your claim aggressively. That’s what our attorneys do best.
When the legal process can seem daunting and confusing, the Louis B. Himmelstein & Associates team is here to help. We represent clients in Philadelphia, the greater Philadelphia area, Camden, Montgomery, Bucks & Delaware counties as well as other parts of New Jersey. We’re aggressive lawyers in the courtroom and compassionate advocates for our clients every step of the way. Contact us today for a confidential review of your claim.