A typical person uses consumer products every day. From a microwave oven, to a bicycle, to a cell phone, items we rely on and consider safe can cause serious injuries if defective. If a defective or dangerous product injured you, the law allows you to pursue compensation.
However, manufacturers, retailers, distributors, and other potential defendants will do everything they can to avoid paying you what you deserve. A State College defective products lawyer could stand by you and help ensure that the negligent parties are held accountable. By contacting a committed personal injury attorney, you put yourself in a better position for a complete recovery.
In a products liability action, it can be challenging to figure out who is responsible for a defect in a product. If there was a flaw in the manufacturing process, then the manufacturer would be liable. If the distributor or retailer knew or should have known about the problem, then they may be responsible too.
Similarly, if the consumer good contained a particular component that injured someone, such as a defective brake on a vehicle, the manufacturer and distributor of that specific part can also be held liable. A seasoned attorney in State College could do a thorough investigation of the supply chain that brought the product to market, in order to bring a strong liability claim against all potential defendants.
Anyone who sells a product has a duty to use reasonable care to ensure that the product is safe to use as directed. Flaws in the design, manufacture, assembly, or warranty of a product can lead to liability.
Sometimes a product is so unreasonably dangerous that a manufacturer can be liable simply for allowing the product to enter the market. In these cases, a manufacturer is responsible for paying damages to the consumer under a strict liability theory. A plaintiff may also receive punitive damages, which is an award to punish the defendant for selling an unreasonably dangerous product.
More often, a product is not inherently dangerous but injured a plaintiff because of a design flaw, manufacturing mistake, or damage at some point in its journey to the consumer. To prove negligence, a claimant must:
A State College products liability attorney could examine the facts of the case to determine which theories of liability are most likely to be successful. A lawyer could also gather the necessary evidence to improve the strength of the claim.
A consumer may only collect damages if he or she is not primarily responsible for the injuries he or she suffered. For example, if someone wants to sue a brake manufacturer for car accident injuries, but was driving drunk when the wreck happened, the driver will likely be found to be partially at-fault for the crash. In that case, the motorist can only collect damages for injuries if he or she is less than 50 percent responsible for the crash, even if the defendant was also negligent.
The plaintiff’s percentage of fault is then deducted from the award. An accomplished attorney in State College could build a claim to prove the faulty product was the primary cause of a claimant’s injuries.
It can be intimidating to file a claim against a large manufacturing company. Figuring out who may be responsible is a complicated process, and there may be more than one liable party. Fortunately, a State College defective products lawyer is experienced with this type of case and could guide you through the process.
Having a passionate attorney on your team means that you have the best chance of getting all the compensation you deserve. Contact the office of Marcus & Mack today for a free personalized review of your case.
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