Understanding a Product Liability Lawsuit in Philadelphia

When you purchase a product, you expect it to be safe and function as advertised. Unfortunately, this isn’t always the case. Defective products can cause serious injuries, leading to medical expenses, lost wages, and emotional distress.

If you’ve been harmed by a faulty product, you may have grounds for a product liability lawsuit. At Rosen Justice Injury Lawyers, we are committed to helping you understand your rights and pursue the compensation you deserve.

Contact us today to speak with one of our experienced Philadelphia product liability lawyers.

What Is a Product Liability Lawsuit?

A product liability lawsuit arises when a consumer is injured by a defective product. These lawsuits hold manufacturers, distributors, suppliers, and retailers accountable for releasing unsafe products into the market.

The core principle of product liability is to ensure that those who profit from selling products are responsible for ensuring their safety. If they fail in this duty, they can be held legally responsible for any resulting harm.

What Are the Three Types of Product Liability Claims?

Design Defects

Flaws in the product’s design that make it inherently unsafe are considered design defects. This means that the product was dangerous from the outset, even before it was manufactured.

An example of a design defect is a car model that tends to roll over during sharp turns because of a high center of gravity. Another example is a toy designed with small detachable parts that pose a choking hazard to young children.

Manufacturing Defects

Manufacturing defects are errors that occur during the production process, causing the product to be dangerous. Unlike design defects, these issues arise during the creation of the product.

For instance, a batch of prescription drugs contaminated during manufacturing could cause harmful side effects. Another example is a bicycle that was designed safely, but during assembly, a bolt was not properly secured, leading to potential accidents.

Marketing Defects

Inadequate instructions, warnings, or labeling that fail to inform consumers of potential risks. This includes products marketed without sufficient safety warnings or clear usage instructions.

An example is a medication that does not warn users about severe potential allergic reactions, or a power tool that lacks proper instructions on safe operation, leading to misuse and injuries.

Examples of Product Liability Lawsuits

Product liability lawsuits cover a wide range of defective products. Here are a few notable examples:

• Tobacco Litigation. Tobacco companies faced numerous lawsuits for failing to warn consumers about the health risks of smoking. These cases resulted in significant settlements and stricter regulations on tobacco products.
• Automotive Defects. Car manufacturers like Toyota and General Motors have faced lawsuits over defective airbags, faulty ignition switches, and other dangerous defects that caused accidents and injuries.
• Pharmaceutical Cases. Drug manufacturers have been sued for side effects caused by medications such as Vioxx, which was linked to heart attacks and strokes.

There are countless other examples, so please know that if your situation does fall under one of these general categories, that does not mean it is not valid.

How to Prove a Product Liability Case

Proving a product liability case can be complex and requires thorough investigation and legal expertise. Here are the key elements needed to build a strong case:

• You must have suffered an actual injury or loss due to the defective product;
• There must be a defect in the product, whether in design, manufacturing, or marketing;
• The defect must be directly linked to your injury or loss; and
• You must have been using the product as intended or in a reasonably foreseeable way.

An experienced Philadelphia product liability lawyer from Rosen Justice Injury Lawyers can help gather evidence, consult with experts, and build a compelling case on your behalf.

Damages in a Product Liability Claim

If you’ve been injured by a defective product, you may be entitled to various forms of compensation. Damages in a product liability claim typically fall into two categories: economic and non-economic.

Economic Damages

Economic damages cover tangible losses, including:

• Medical Expenses: Costs for treatment, surgeries, and rehabilitation.
• Lost Wages: Income lost due to inability to work during recovery.
• Property Damage: Compensation for any damaged property caused by the defective product.

Non-Economic Damages

Non-economic damages address intangible losses, such as:

• Pain and Suffering: Compensation for physical and emotional distress.
• Emotional Distress: Damages for anxiety or depression stemming from the injury.
• Loss of Enjoyment of Life: Compensation for reduced participation in enjoyable activities.

In some cases, punitive damages may also apply, aimed at punishing particularly reckless behavior by the manufacturer.

Consulting an experienced Philadelphia product liability lawyer can help you assess the specific damages you may claim and ensure you receive the compensation you deserve. At Rosen Justice Injury Lawyers, we are committed to advocating for your rights.

Statute of Limitations in Pennsylvania

In Pennsylvania, the statute of limitations for filing a product liability lawsuit is generally two years from the date of injury.

This means you must file your claim within this period to seek compensation. Failing to do so can result in losing your right to pursue a lawsuit.

Given the complexity and time-sensitive nature of these cases, it’s crucial to consult with a knowledgeable attorney as soon as possible.

Call (215) 999-2244 or fill out the form below for a free case review

How Long Does It Take to Settle a Product Liability Lawsuit?

The timeline for settling a product liability lawsuit can vary significantly based on several factors, including the complexity of the case, the extent of the injuries, and the willingness of the parties to negotiate.

Here’s a closer look at the different stages of a product liability lawsuit:

• Investigation and Filing. This initial stage involves gathering evidence, consulting with experts, and filing the lawsuit. This process can take several months.
• Discovery. Both sides exchange information and evidence. This stage can last several months to a year, depending on the complexity of the case.
• Negotiations and Settlement. Many cases are settled out of court through negotiations. This process can be lengthy, especially if both sides are far apart in their settlement offers.
• Trial. If a settlement cannot be reached, the case goes to trial. Trials can last from a few days to several weeks, and the outcome can be appealed, prolonging the resolution.

On average, these cases can take anywhere from a few months to several years to resolve, but each case is unique. 

Contact a Philadelphia Product Liability Lawyer for a 100% Free Consultation Today

Navigating a product liability lawsuit can be daunting, but you don’t have to do it alone. Rosen Justice Injury Lawyers are here to provide compassionate and knowledgeable representation.

We understand the intricacies of these cases and are dedicated to fighting for your rights. Our team will handle every aspect of your case, from gathering evidence to negotiating with insurance companies, allowing you to focus on your recovery.

We take pride in our client-centered approach, offering personalized legal strategies tailored to your unique situation.

Our track record of successful outcomes speaks to our commitment to excellence and justice. For expert guidance and dedicated support, reach out to Rosen Justice Injury Lawyers.

Contact us today or visit our website to schedule your free consultation. Remember, you don’t have to face this challenging time alone – we’re here to help.

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