As a consumer, you assume the products you purchase are functional and safe. Unfortunately, goods can sometimes feature design flaws or other defects that increase the risk of user injuries. Fortunately, a Bala Cynwyd defective products lawyer could help if you or a loved one suffered harm from a faulty product. You may be eligible to receive compensation for medical costs, property damage, and other related losses.
By working with an experienced attorney, you could not only hold the manufacturer, designer, or carrier accountable, you could also prevent other consumers from suffering harm. Therefore, it is imperative to seek legal representation as soon as possible.
What Causes a Product to Become Defective?
Consumer goods can be defective by design, during manufacturing, or by failing to warn. Depending on the type of defect, a local attorney would need to provide different types of evidence to prove fault.
Design defects mean the product is inherently unsafe for use. If a product is faulty by design, such as a children’s toy with sharp edges or choking hazards, the plaintiff and their attorney must prove the item could have been designed in a different way that made it safe to use.
Manufacturing defects occur during the assembly process and do not adhere to the design plans or the manufacturer’s specifications and often only affect a few products. Manufacturing defects could occur because of human error or poor-quality materials.
Failure to Warn
Some products feature neither design flaws nor manufacturing issues but are dangerous because of inadequate warning labels. A label that does not include warnings of potential hazards that would help consumers avoid physical harm can result in product liability suits.
Proving Fault in Malfunctioning Consumer Goods Cases
There could be multiple defendants responsible for a faulty commercial product. Potential liable parties in dangerous product cases could include:
- The manufacturer
- The product designer
- The wholesaler
- The retailer
- A third party
For a case to be successful, a claimant must first identify the correct defendant or defendants. An accomplished attorney in Bala Cynwyd with experience handling product liability claims could investigate the source of the defect to determine the responsible parties.
The Tincher v. Omega Flex Ruling
In 2014 the Pennsylvania Supreme Court eased product liability case restrictions per the Tincher v. Omega Flex case. Before the ruling, plaintiffs and their attorneys had to show a product did not have an element or feature that made it safe to use. However, after the ruling, injured parties must prove that a product is defective using the consumer expectations test. If an item was designed or manufactured improperly, it is subject to testing and liability suits. Case factors include the product’s nature and intended use, and any implied or expressed representations from the product manufacturer or seller.
Review Your Dangerous Product Case with a Bala Cynwyd Attorney
If you are recovering from injuries due to a faulty product that inflicted harm despite using it correctly, contact a Bala Cynwyd defective products lawyer. Our team of trustworthy attorneys could review every aspect of your claim to determine if you are eligible for financial compensation.