Product Liability Lawyer
Were you injured by a defective or dangerous product? You may have the right to seek compensation from the manufacturer, distributor, retailer, or another party responsible for the product. Czekaj Law, LLC, represents people injured by defective products throughout Central Pennsylvania. We can investigate what happened, determine who may be responsible, and help you pursue compensation for your injuries.
If you need help with a product liability claim, contact Czekaj Law, LLC to schedule a confidential consultation. Call us at (717) 275-9770 or through our online form.
What Is Product Liability?
Product liability is an area of Pennsylvania personal injury law that allows an injured person to pursue compensation when a defective or dangerous product causes harm. A product may be defective because of the way it was designed, a problem during manufacturing, or inadequate warnings or instructions.
Product liability cases can involve many different types of products, including vehicles and vehicle parts, medical devices, prescription drugs, machinery, power tools, household products, and children’s products.
The specific facts of your case will determine what legal claims may apply. An experienced Pennsylvania product liability lawyer can investigate the product, determine how it caused your injury, and identify the parties that may be responsible.
Types of Product Defects
There are several ways a product can be defective. Determining the type of defect is an important part of investigating a product liability claim. The type of defect may also affect which parties are responsible and what evidence is needed to support your case.
Design Defects
A design defect exists when a product’s design makes it unreasonably dangerous. The problem is not limited to one particular product. Instead, the design itself may create a risk for consumers using the product as intended or in a reasonably foreseeable manner.
For example, a vehicle component may have a design that creates an unreasonable risk of injury during an accident. An investigation may involve examining the product’s design, available alternatives, safety testing, and other information about how the product was developed.
Manufacturing Defects
A manufacturing defect occurs when something goes wrong during the production of a product. The product may have been designed safely, but a problem during manufacturing causes a particular product or group of products to differ from the intended design.
Examples may include a defective weld, a contaminated medication, or an improperly manufactured vehicle part. Comparing the product that caused the injury with the manufacturer’s specifications can help determine whether a manufacturing defect occurred.
Failure to Warn or Inadequate Instructions
A product may also be defective when the manufacturer fails to provide adequate warnings or instructions about a known or reasonably foreseeable danger.
Some products are dangerous when used in particular circumstances, and consumers need appropriate information to use them safely. A product liability investigation may examine the warnings, instructions, labels, packaging, and other information provided with the product.
Products That Can Lead to Product Liability Claims
Product liability claims can involve almost any type of consumer or commercial product. Some of the cases we may handle involve:
- Defective vehicles and vehicle parts
- Dangerous medical devices
- Defective prescription or over-the-counter drugs
- Industrial machinery
- Construction equipment
- Power tools
- Household appliances
- Children’s products and toys
- Furniture and other consumer products
- Defective safety equipment
A defective product can cause injuries in many different situations. For example, a defective vehicle component may contribute to a motor vehicle accident, while defective machinery may cause a serious workplace injury.
If a defective product causes someone’s death, surviving family members may also have a wrongful death claim.
What Do I Have to Prove in a Product Liability Case?
The evidence necessary to prove a product liability claim depends on the legal theory involved and the facts of the case. Generally, your attorney will need to establish that the product was defective or otherwise legally actionable and that the defect or other problem caused your injury.
You also need evidence showing the extent of the harm you suffered. This may include medical records, medical bills, documentation of lost wages, information about future medical treatment, and evidence of other losses.
Product liability cases can be more technical than many other personal injury claims. The investigation may require examining the product itself, its design and manufacturing process, the manufacturer’s warnings, and records relating to the product’s sale and use.
Preserving the Product and Other Evidence
If a product caused your injury, preserve the product if you can do so safely. Do not repair, modify, discard, or otherwise alter it before speaking with an attorney.
Keep the packaging, instructions, owner’s manuals, receipts, photographs, and other documents related to the product. If the product was involved in an accident, photographs of the scene, the product, property damage, and your injuries may also be important.
Medical records and other documentation can help establish the injuries you suffered and the financial losses associated with them.
Depending on the circumstances, your attorney may also work with engineers, medical professionals, accident reconstruction specialists, or other experts to investigate the product and explain what happened.
Who Can Be Responsible for a Defective Product?
A product may pass through several businesses before it reaches the person who ultimately uses it. Depending on the facts, a product liability claim may involve the manufacturer, a manufacturer of a defective component, a distributor, wholesaler, or retailer.
Other parties may also become relevant depending on what happened. For example, a company that installed, maintained, or modified equipment could have responsibility for an injury in some circumstances.
Identifying all potentially responsible parties is an important part of investigating a product liability claim. Your attorney can examine how the product was designed, manufactured, distributed, sold, installed, and used to determine who may be legally responsible.
Compensation in a Pennsylvania Product Liability Case
If you have a valid product liability claim, you may be able to seek compensation for the losses caused by your injuries.
Depending on the circumstances, damages may include:
- Medical expenses and the cost of future medical treatment
- Rehabilitation and other necessary care
- Lost wages and lost earning capacity
- Physical pain and suffering
- Emotional distress
- Disfigurement or disability
- Other economic and non-economic losses
In some cases, punitive damages may also be available. Punitive damages are intended to punish particularly wrongful conduct rather than compensate an injured person for ordinary losses. Whether they may apply depends on the facts and the conduct involved.
Determining the value of a product liability claim requires looking at both the injuries you have already suffered and the effect those injuries may have on your future.
Common Defenses in Product Liability Cases
Manufacturers and other defendants may raise several defenses after a product causes an injury. The defenses available in a particular case depend on the facts and the legal claims being pursued.
An experienced product liability attorney can evaluate these defenses and help determine how they may affect your claim.
Product Misuse
A manufacturer may argue that the product was used in a way that was not intended or reasonably foreseeable and that the misuse caused the injury.
Whether this defense applies depends on how the product was used and what the manufacturer could reasonably have anticipated. Your attorney will examine the circumstances surrounding the accident and the product’s intended and foreseeable uses.
Alteration of the Product
A defendant may argue that the product was changed after it left the manufacturer’s control and that the alteration, rather than a defect in the original product, caused the injury. This is one reason it is important to preserve the product and avoid making changes to it after an accident.
Warnings and Instructions
A manufacturer may argue that the product included adequate warnings or instructions and that the injured person failed to follow them. The warning itself, where it appeared, what it said, and whether it adequately communicated the relevant danger may all become important evidence in the case.
Comparative Negligence
Depending on the legal claims involved, a defendant may also argue that the injured person contributed to the accident or injury. Pennsylvania’s comparative negligence law can affect the amount of compensation an injured person ultimately receives when the injured person’s own negligence is at issue. An attorney can review the evidence and explain how comparative negligence may affect your particular claim.
Statute of Limitations
Pennsylvania generally gives an injured person two years to file a personal injury lawsuit. Waiting too long can result in the loss of your right to bring a claim.
Product liability cases can involve additional questions about when the injury occurred and when the injured person discovered, or should have discovered, the connection between the product and the injury. Because deadlines can depend on the facts, it is important to speak with a lawyer as soon as possible.
What Should I Do After a Defective Product Injures Me?
After an injury involving a defective product, there are several steps you can take to protect your potential claim.
First, seek appropriate medical attention for your injuries. Your medical records can be important evidence of both the nature and severity of your injuries.
Next, preserve the product and related evidence. Keep the product, packaging, instructions, receipts, photographs, and other information you have about the product. Do not repair or modify the product before it can be examined.
You should also be careful when communicating with an insurance company or the manufacturer. You may be asked to provide a statement or turn over the product. Before doing so, consider speaking with a Pennsylvania product liability attorney who can review your situation and advise you about your legal options.
How Czekaj Law, LLC Can Help With a Product Liability Claim
Product liability cases often require a detailed investigation into what happened and why. At Czekaj Law, LLC, we can investigate the circumstances of your injury, preserve important evidence, identify potentially responsible parties, and determine what claims may apply.
We may review medical records, photographs, product information, accident reports, company records, and other evidence. When appropriate, we can also work with qualified experts to evaluate the product and the circumstances that led to your injury.
If an insurance company or another party refuses to offer fair compensation, we can pursue your claim through litigation. Our attorney has experience handling personal injury matters and understands the importance of preparing a case for court when necessary.
Attorney Timothy Czekaj handles cases for individuals and families throughout Central Pennsylvania. We are based in New Bloomfield and serve clients in Perry, Juniata, Cumberland, Dauphin, Mifflin, Franklin, Snyder, Union, Northumberland, Huntingdon, and York Counties.
Frequently Asked Questions About Product Liability Claims
What is a product liability claim?
A product liability claim is a legal claim arising from an injury caused by a defective or dangerous product. Depending on the facts, the claim may involve a problem with the product’s design, manufacturing, warnings, or instructions.
Do I have a product liability claim if I did not purchase the product?
Possibly. You do not necessarily have to be the person who purchased a product to pursue a claim after being injured by it. For example, you may have been using a product that belonged to a family member, employer, or another person. An attorney can review how you came into contact with the product and determine whether you may have a valid claim.
What if I did not realize the product caused my injury right away?
Some product-related injuries may not be immediately apparent. In some circumstances, Pennsylvania law may allow the statute of limitations to be affected by when an injured person discovered or reasonably should have discovered the injury and its cause. These issues can be complicated, so you should speak with an attorney promptly if you believe a product caused an injury that was discovered later.
Can I file a product liability claim for an injury that happened at work?
Possibly. Workers’ compensation may provide benefits for an injury caused by a defective product used at work. Depending on the circumstances, you may also have a separate claim against a third-party manufacturer or another company responsible for the defective product. An attorney can review the relationship between your employer and the company that manufactured or supplied the product and explain your options.
Can I file a product liability claim if my child was injured?
A parent or legal representative may be able to pursue a claim on behalf of a child who was injured by a defective product. Product liability cases involving children can involve additional issues concerning the nature of the injury and applicable filing deadlines. If your child was injured by a toy, car seat, crib, medication, or another product, contact an attorney to discuss the circumstances.
Does a product recall mean I automatically have a product liability case?
No. A recall may provide important information about a product and the safety concerns associated with it, but a recall by itself does not establish that a particular defendant is legally responsible for your injury. You still need to establish the connection between the product and the injuries you suffered.
How long do I have to file a product liability lawsuit in Pennsylvania?
Pennsylvania generally provides two years to file a personal injury lawsuit. However, the deadline for a particular product liability claim may depend on the circumstances of the injury and when the injury or its cause was discovered. Because missing the applicable deadline can prevent you from recovering compensation, it is important to speak with a Pennsylvania product liability lawyer as soon as possible.
Contact a Pennsylvania Product Liability Lawyer
If you were injured by a defective or dangerous product, Czekaj Law, LLC can investigate your claim and help you understand your legal options. We represent injured individuals and families throughout Central Pennsylvania, including Perry, Juniata, Cumberland, Dauphin, Mifflin, Franklin, Snyder, Union, Northumberland, Huntingdon, and York Counties.
Call Czekaj Law, LLC at (717) 275-9770 or submit our online form to schedule a confidential consultation with a Pennsylvania product liability attorney.