Our lives are replete with manufactured products we rely on to tend to our health and hygiene, care for our home, do our work, communicate with loved ones, and enjoy hobbies and recreation. We assume these products will be safe and will not harm us.
Unfortunately, dangerous products often enter the marketplace and cause severe injury and even death. If you suffered injuries because a product was defective, you could pursue monetary damages for your losses in court. A diligent Cambria County defective products lawyer could help you fight the product manufacturer to get the compensation you deserve. Contact a Cambria County personal injury attorney today to get started.
There are many circumstances in which a product failure leads to an accident that causes an injury. Sometimes the role of the defective product in contributing to the accident is not obvious. A seasoned product liability attorney in Cambria County could evaluate the circumstances of an accident to determine whether a manufacturer might be liable in a particular case.
For example, vehicle accidents could lead to product liability claims. Even though one driver may have been at fault in a crash, a product failure might be a contributing factor. Perhaps the reflective paint on a stop sign wore off and the driver could not see the sign in the dark, or maybe his or her brakes malfunctioned. Depending on the circumstances, a manufacturer could have a financial responsibility to an injured person.
Product liability claims also frequently arise in situations involving fires where boilers, electrical appliances, or building materials cause or spread a fire. Occasionally, product defects contribute to sports injuries. Industrial accidents also are a consistent source of product liability claims. If malfunctioning equipment caused a worker an injury, he or she could bring a lawsuit against the equipment manufacturer.
The companies that manufacture products are obligated to ensure they are reasonably safe for use. If an injured person could prove a flaw in the product’s design, manufacture, or labeling, the manufacturer could be strictly liable for the injured person’s losses.
A design flaw is the likely culprit when the product proves dangerous in every usage and in the same way. A manufacturing error is likely if the product is usually safe for use, but a particular batch or production run was flawed. A manufacturer could be accountable for a labeling error if the instructions were insufficient to guide a consumer to use a product safely.
Proving a manufacturer strictly liable usually requires the input of experts to explain how the product’s design, manufacture, or label was defective. However, if the injured person’s attorney could prove the defect, there is no need to prove negligence.
Product manufacturers often vigorously defend claims that their products are dangerous. They might assert one of several theories to attempt to escape liability.
For instance, a manufacturer might claim that the injured person was negligent, and his or her conduct caused the injuries. Pennsylvania’s comparative negligence statute, 42 P.S § 7102, makes a plaintiff responsible for the consequences of his or her actions, which could reduce the damages they collect. However, the law allows a negligent plaintiff who is less than 51% responsible for an accident to collect damages from other negligent parties.
A manufacturer may allege that an injured person was misusing a product when it malfunctioned. Though, this argument might not be successful because a manufacturer must ensure a product is safe for all anticipated uses, not just the recommended use. A knowledgeable Cambria County defective product attorney could demonstrate that the manufacturer should have anticipated that a consumer might use the product in the way the injured person did, and pursue rightful damages.
If you suffered injuries because of a defective product, you might be intimidated at the idea of seeking compensation from a big corporation. Do not allow those feelings to prevent you from asserting your rights.
A Cambria County defective products lawyer at Marcus & Mack knows how to build a solid case against a manufacturer and is prepared to take it to court if necessary. Make an appointment today to discuss your legal options with a committed advocate.
Marcus & Mack