What is the Concept of Product Liability?
Every year, thousands are injured or killed by defective or dangerously designed products. Thanks to numerous consumer protection laws, there are ways for injured people to collect for damages against companies responsible for a defective product. The concept of product liability is that all sellers in the distribution chain are responsible for a faulty or defective product, especially when it results in an injury or death of a customer. For example, this can include the product or parts manufacturer, the warehouse where the product was stored, and the retail store location.
What are the Three Types of Product Defects?
In product liability cases, there are three main types of product defects:
- Design Defects: These types of defects occur when a product has not gone through the proper channels of testing during its design phase.
- Manufacturing Defects: This type of defect refers to errors in the manufacturing process that led to a defective or dangerous product. This differs from design defects as it is likely the product was correctly designed and properly tested but had problems during the manufacturing phase only.
- Marketing Defects: These types of defects represent flaws in the advertising or labelling of a product. For example, if the labelling on medication provided incorrect information that resulted in a person’s injury or death, then that company would still be liable for damages even if the product itself was properly manufactured or designed.
Contact the experienced Philadelphia-area product liability lawyers at the Law Office of Jared S. Zafran to discuss what type of product might apply to your case.
What does a Product Liability Attorney do?
Product liability attorneys hold manufacturers and retailers responsible for goods and products sold to consumers that are dangerous and defective. They look at the product history, whether similar items have resulted in other claims, whether the use of the product was within the reasonable operation, and if it was properly tested before being sold. They also analyze safety concerns and work with professional analysts to determine whether a manufacturing flaw was responsible. Product liability claims can be complex, so hiring an attorney can help make your claim successful. Contact our experienced Philadelphia product liability attorneys at the Law Offices of Jared S. Zafran if you have a product liability claim.
How do you Prove Product Liability?
The general rule of thumb for proving a product liability claim is that one must have an actual injury or monetary loss as a result of the normal operation of the product. Even then, one would still need to prove that the item was being used under ‘normal’ conditions and that there was a defect present under those circumstances. In other situations, a person can show that they were not properly warned of an item’s hazardous condition as an average consumer. These are often the most successful at proving their case in court, as they can be easier to prove than some defects. If you think you’ve been the victim of a hazardous product, contact one of the Philadelphia product liability attorneys at the Law Office of Jared S. Zafran to see what options may be available in pursuing your claim.
What is the Difference Between Strict Liability and Product Liability?
Strict liability refers to injuries or losses that are the result of the use of a product that is so dangerous that there could be no legal argument as to its inherent dangerousness. For example, consumers that purchase certain chemicals and explosives do not need to prove negligence in injury cases, as long as they can show that even with reasonable care, the product they used was still inherently dangerous.
Product liability, on the other hand, refers to holding a seller or manufacturer of a product liable for injuries and losses stemming from the use of that item. However, this differs from strict liability because it requires the injured party to show negligence on the part of the defendant, whether that be from a type of defect found in the item, or improper labelling of harmful products. Contact the Philadelphia product liability lawyers at the Law Office of Jared S. Zafran to discuss the differences.
What is the Statute of Limitations on Product Liability?
The statute of limitations for product liability claims varies between states. All states have a limitation of at least one year, but some vary from two to up to four or five. In Pennsylvania, the statute of limitations is two years.
For more information on product liability and to determine whether you have a claim for relief against a product manufacturer, contact our Philadelphia-area product liability lawyers at the Law Office of Jared S. Zafran for a free consultation.