Many individuals and businesses face daunting obstacles when confronting injuries or damages caused by defective products. From navigating complex regulations and understanding strict liability standards to gathering the necessary evidence to prove a defect, the road to compensation can feel overwhelming.
Manufacturers and distributors often employ teams of legal and technical experts to defend their interests, placing plaintiffs at a significant disadvantage. Without guidance from a trusted product liability partner such as Sharma Law Office, victims may struggle to meet filing deadlines, interpret recall notices, or secure expert testimony, which is essential in building a successful claim.
Navigate the Challenges Surrounding Product Liability
According to product liability law in Pennsylvania, a seller or manufacturer of a product can be held liable for injuries to consumers. This includes negligence, breach of warranty, strict liability, unfair trade practices, and consumer protection law. Here is more information about each of them:
Strict Liability
According to the strict liability rule, a seller, manufacturer, or distributor is liable for a consumer’s injuries if the product appears defective. This concept of strict liability was adopted in Pennsylvania in 1966.
Negligence
Negligence lawsuits require proof of the fault, which includes the following:
- The defendant breached a duty
- The plaintiff had injuries caused by the breach
- The plaintiff suffered actual damages.
Breach of Warranty
It is a type of legal liability applied to a manufacturer if a product does not work as it should. In other words, breach of warranty occurs when the warrantor (often the manufacturer) fails to provide the assurance warranted.
Unfair Trade Practices And Consumer Protection Law
In Pennsylvania, this law protects product consumers. Its purpose is to prevent businesses, sellers, and manufacturers from participating in unfair and deceptive or inequitable competition. According to this law, anyone who loses property or money due to businesses participating in unjust practices can bring suit.
The Unfair Trade Practices and Consumer Protection Law broadly prohibits deceptive and abusive business practices in selling or leasing goods and services in Pennsylvania. It defines unfair acts, like false advertising, misrepresenting warranty terms, and failure to disclose material facts. It extends to any practice that offends public policy or causes substantial consumer harm. Consumers may sue after discovering the violation, and must provide a written notice before seeking treble damages.
How Can A Lawyer Help With A Product Liability Lawsuit?
Depending on the circumstances of your situation and your case, you may hire a lawyer specializing in product liability. An experienced attorney can assist you in filing a lawsuit and recover monetary damages for the injuries you received from using a defective product.
Partnering with an experienced product liability attorney can level the playing field and streamline every step of your case. A knowledgeable advocate knows how to identify the most responsible parties, manufacturers, suppliers, or retailers, and hold them accountable under state and federal law. Your legal team ensures your rights remain protected by managing complex discovery processes, coordinating with engineering and medical experts, and negotiating with insurance carriers. Early involvement of a skilled attorney increases your chances of maximizing compensation for medical expenses, lost wages, and pain and suffering.
Frequently Asked Questions
What is product liability, and who can be held responsible?
Product liability refers to the legal responsibility of manufacturers, distributors, suppliers, and retailers for injuries or damages caused by defective products. Under strict liability laws in Pennsylvania and New Jersey, you do not need to prove negligence; you only need to prove that the product was faulty and caused harm. Potentially liable parties include the product’s designer, component manufacturers, and those selling the finished product.
What compensation can I seek in a product liability lawsuit?
Victims may recover economic and non-economic damages, including medical expenses, lost wages, property damage, pain and suffering, and, in some cases, punitive damages designed to punish particularly reckless conduct. Pennsylvania and New Jersey allow punitive damages where a defendant’s actions are malicious or grossly negligent.
How long do I have to file a claim?
Statutes of limitations vary by state. In Pennsylvania, you generally have two years from the date of injury to file a product liability suit. In New Jersey, the deadline is two years from when the injury was discovered or reasonably should have been discovered. Failing to file within these timeframes can bar recovery.
Should I keep a defective product as evidence?
Absolutely. Preserving the actual product, packaging, user manuals, and any related correspondence with the seller or manufacturer is crucial. Photographs and videos showing how the defect caused injury can strengthen your case. Your product liability attorney can arrange for professional product inspection and testing.
Can I join a class action for widespread product defects?
A class action lawsuit may be appropriate if numerous consumers suffer similar harm from the same defective product, such as a defective automotive part or a recalled household appliance. Class actions consolidate individual claims into a single proceeding, saving time and resources while potentially increasing negotiating leverage.
Can strict liability apply to both manufacturers and sellers?
Yes. Under strict liability rules, anyone in the distribution chain, from the product’s designer and manufacturer to wholesalers and retailers, can be held responsible when a defect causes injury or damage. Liability attaches based on each party’s role in bringing the defective product to market, regardless of fault.
Schedule a Consultation to Discuss Your Case
At Sharma Law Office, our dedication to Pennsylvania and New Jersey clients sets us apart as the region’s premier product liability law team. Our law office successfully handled claims involving faulty automotive parts, medical device malfunctions, and dangerous household goods. We combine personalized attention with aggressive advocacy to secure the results our clients deserve. When you work with Sharma Law Office, you gain a trusted partner committed to guiding you through every phase of your claim and fighting tirelessly for your best interests.
If you are filing a product liability suit, we are here to help. Our lawyers have the necessary experience and knowledge to recover damages that will compensate you for your injuries. If you have any questions or want to schedule the first consultation, please give us a call.
Schedule a consultation today.