Most people use a wide variety of products each day and do not give a second thought to how they were made. They expect that items available for purchase will be reasonably safe to use. Unfortunately, that is not always the case. Manufacturers sometimes make mistakes or poor decisions, leading their products to harm their customers.
When you or a loved one has been hurt by a dangerous product, a Somerset defective products lawyer can help you recover compensation to repay you for your injuries. Get in touch with a qualified personal injury attorney today to discuss the specifics of your case.
Product liability refers to the area of law that compensates people who are injured by defective products. There are three primary types of product liability claims. The first is design defects. Design defects occur when a product is designed in such a way that it is unsafe to use, even if the injured person used it the way the designer intended.
Within the category of design defects, there are two ways to determine whether a product is unsafe to use. The first is the risk-utility test. This test requires the injured person to prove that there was a safer way available to design the product that would have prevented his or her injuries. However, the injured person must also show that the alternative design was feasible and practical for the designer to implement. The second is the consumer expectations test. This test requires the injured person to prove that the product is more dangerous than a normal person who bought the product would anticipate, taking into account common knowledge about the product and the type of people who are normally using the product.
The second category of product liability claims is manufacturing defects. These occur when—even if a product is designed safely—it is assembled incorrectly or poorly. For example, a car may be designed safely, but if the brake lines are installed incorrectly at the factory, causing the car to be unable to stop, that would be a manufacturing defect.
Finally, there can be claims based on a failure to warn the consumer of dangers associated with the product. Even if a product is designed appropriately and manufactured correctly, an injured person may still be able to recover damages if the product does not include the appropriate warnings or instructions that allow the purchaser to use the product safely.
The different types of product defects mean that different people or entities may be responsible depending on the situation, such as the designer, engineer, manufacturer, or retailer of the product. Working with a Somerset attorney with experience handling defective product claims can help you determine what type of defect caused your injury and, therefore, who the lawsuit needs to be filed against.
According to 42 P.S. § 5524, there is a two-year time limit to file a claim for injuries that happened because of a defective product. There could be some exceptions in rare cases that extend that period, so even if your injury occurred more than two years ago, speaking to a lawyer in Somerset who is experienced in product liability is still the best course of action.
If possible, however, you should speak to a qualified attorney as soon as the injury occurs. Because corporations usually guard information about their products closely, it can take a long time to uncover exactly when and where a defect occurred. It is beneficial to have as much time as possible to develop your case before the legal deadline.
People who buy and use goods properly should not be concerned about whether the product is dangerous. People who are injured because of defects should not be responsible for bearing the costs of their injuries on their own.
If you have been injured, call a Somerset defective products lawyer to see how they can help.
Marcus & Mack