Common Product Liability Questions

Common Product Liability Questions

1. Even if a company has met all industry standards in making a product, can I still bring a product liability claim for injuries caused by defect in the product?

Pennsylvania is a “strict liability” state. You don’t need to show that a manufacturer or other party fell below a reasonable standard of care or industry standard in order to establish liability. Instead, you need to show the existence of the defect and a relationship to the harm it caused you.

At Munley, Munley & Cartwright, our goal is to provide exceptional legal services to our clients. We strive to achieve the highest standard of excellence for the protection of individual rights through team work and the use of our considerable resources and experience. If have been injured or suffered property damage from a defective product, contact us today for a free consultation by reaching us online or calling us toll-free at 877-421-9173.

2. My daughter was injured when a wheel on her skateboard fell off shortly after we had bought it from a sporting goods store. Who can we hold responsible for this?

Under Pennsylvania product liability law, anyone in the chain of distribution can be held legally responsible for your injuries. This could potentially include the designer, manufacturer, wholesaler, distributor and retailer. It’s important to save all receipts related to the product.

3. I was injured when a forklift I was driving at work tipped over. Can we sue the manufacturer for making a forklift that’s prone to this type of accident?

Pennsylvania product liability law provides three different ways in which a party can be held liable for a dangerous or defective product: Design defects (a product’s inherent traits), manufacturing defects (the way the product was made) and marketing defects (a mistake in the way the product was labeled or sold). In many cases, a product is designed in a way that makes it inherently dangerous and defective.

4. My wife burnt her hand using a curling iron that had been turned on for only two minutes. Can we sue on grounds that there was no warning that it could become so hot so fast?

A failure to include a proper warning about potential risks involving the use of a product, or instructions on how to correctly use it, is considered a defect that can result in liability. In a lawsuit based on a dangerous or defective product, it’s important to keep any packaging, instructions, labels or other paperwork that came with the product when you bought it.

5. My husband’s shirt was caught in a wood chipper. Because he couldn’t stop the machine, he ended up losing his arm. Can we hold the maker of this equipment accountable?

Generally, a product can cause harm in one of three ways: The product can lack a feature that was needed to make it safe for use or consumption; it can contain a feature that makes it unsafe; or the product can lack a warning or instructions about the product’s potential risks. In some cases, liability could be established where a piece of equipment comes with no warning about loose clothing coming into contact with moving parts or where it fails to have any safety guards or kill switches.

6. My son suffered a severe eye injury when a hockey puck got through his mask. Can that be the basis for a product liability suit, or did my son assume the risk of such an injury?

One of the most common defenses raised by a defendant in a product liability suit is that the complaining party assumed the risk of injury when they chose to use the product. However, if a product fails to perform what it was designed to do – such as protecting a person from a flying object – then the defense would not apply.

7. Our 4-year-old daughter was recently diagnosed with development disabilities. We believe it might stem from putting certain toys in her mouth when she was 2-3 years old that might have contained lead-based paint. Can we still file a lawsuit against the toy maker?

Pennsylvania has a two-year statute of limitations for product liability lawsuits. That means you must take legal action within two years after the accident or injury occurred involving the product. Under the discovery rule, a lawsuit must be brought within two years after the injury is discovered. This rule certainly applies when injuries are manifested over the course of a long stretch of time, such as diseases or mental disabilities.

8. Several of my family members were injured in an SUV rollover accident. We believe the car maker knew its design could cause the SUV to easily tip over, but went ahead and put the car on the market and provided no warnings. What can we recover in a lawsuit?

In a product liability lawsuit, the prevailing party can recover economic damages, such as medical expenses (including medical treatment, surgery, casts, braces, medication and therapy or rehabilitation), lost past and future income and any other injury-related costs. A party can also recover non-economic damages, such as pain and suffering or loss of consortium, and punitive damages, which are aimed at deterring especially reckless or willful misconduct.

9. The fuel system of our car caught fire after we were in a fairly minor collision with another car. We have a feeling there was something wrong with the car’s design, but how could we prove that?

Product liability claims can be complex cases. That’s why you need to a contact a Pennsylvania product liability lawyer with experience in litigating these cases and who understands the extensive research, investigation and consultation with qualified experts, such as mechanical engineers, which goes into building a successful case.

10. My son lost his finger due to a defective fan cover, but we don’t think we have enough money to sue the company that made the fan. What should we do?

The product liability lawyers of Munley, Munley & Cartwright, P.C., will handle your case on a contingent fee arrangement. This means our injury lawyers will be paid a percentage of the recovery in the event of a settlement or judgment. Munley, Munley & Cartwright will also pay all the advance costs with the understanding that they will recoup such costs only in the event of a recovery. Therefore, you could secure our representation in your product liability lawsuit without having to pay any attorney's fees or expenses out of your own pocket.

At Munley, Munley & Cartwright, our goal is to provide exceptional legal services to our clients. We strive to achieve the highest standard of excellence for the protection of individual rights through team work and the use of our considerable resources and experience. For a free consultation regarding your legal concerns, contact us today for a free consultation or call us toll free at 877-421-9173.

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FORUM PLAZA 227 Penn Avenue Scranton, PA 18503 Phone: (570) 346-7401 Toll Free: span class="dynamic-phone-number">877-421-9173 Fax: (570) 346-3452

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PENNSTAR BANK BUILDING 41 North Main Street - 4th Floor Carbondale, PA 18407 Phone: (800) 346-7401 Fax: (570) 346-3452

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WATERFRONT PROFESSIONAL PARK II Suite 310 672 North River Street Plains, PA 18705 Phone: (570) 824-5599

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136 Airport Beltway Hazleton, PA 18202 Phone: (800) 346-7401

Hamlin Office

Star Route 590 Hamlin, PA 18427 Phone: (800) 346-7401

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Common Product Liability Questions