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Buying something only to have it malfunction is disappointing, but when it causes injury, you may have cause to file a lawsuit. A Norristown, Pennsylvania defective products lawyer could work to identify the liable party and assist you with filing a lawsuit if a faulty item injured you. You may qualify for compensation, and a personal injury attorney could help you decide what actions to take to obtain the results that you deserve.
A defective product is any consumer good that does not work as it should. In defective product cases—or product liability cases—an item’s malfunction causes bodily injury to the consumer. Most cases could be considered product liability if something is used correctly but malfunctions and hurts someone. Some examples of possible defective consumer goods are:
Product liability may not always be determined by a malfunction but instead by how it affects the consumer. If someone suffers adverse effects from using a product correctly, they could have a valid liability claim.
Who Is Responsible for Hazardous Products?
The liable party in a case of a defective item could be the designer, manufacturer, distributor, or retailer, depending on which aspect malfunctioned. If the injured party retains a local consumer goods liability attorney, the attorney could investigate the incident to determine why and how the item malfunctioned. They may be able to better pinpoint what party is responsible for the flaw.
25 Pennsylvania Code § 130 defines the standards for product quality. There are several main areas where consumer goods could not meet the minimum requirements to be considered of quality. These areas are design, manufacturing, and marketing defects.
Design Defects
This refers to hazards that exist in the product’s initial design. If an item is faulty because it was designed wrong, it is likely that it will work incorrectly throughout its entire shelf-life and usage by the consumer. There is little that the manufacturers or sellers of the product could do to avoid this since it was hazardous from the very beginning.
Manufacturing Defects
This refers to problems that arise as the result of a mistake during manufacturing or lack of quality control. If something is designed perfectly but the manufacturers do not fulfill the design accurately, an item could malfunction. Poor wiring in electronics or the use of wrong hardware are potential examples of manufacturing defects.
Marketing Defects
These could include inaccurate instructions or missing warning labels. These could be when packaging contains toxic chemicals or does not adequately contain a dangerous item. These could happen even if an item is designed and manufactured correctly and often occur closer to when a consumer buys it.
People in the area who have encountered dangerous product malfunctions might want to seek damages through a lawsuit. It could be greatly beneficial to them to consult with a Norristown attorney before taking any legal action to ensure they have grounds for a product liability suit.
Notably, there is a strict filing deadline for harmful product cases. Plaintiffs must file their claim no later than two years after the date when they received the injury according to the state statute of limitations.
Eligible Damages in a Harmful Products Case
As with other local injury cases, the damages awarded in a defective products case are contingent upon the type of injuries the plaintiff claims to have and any property damage that occurred. In successful cases, claimants might receive compensation for pain and suffering, medical bills, lost wages, and more.
Those who are injured by product malfunctions deserve to pursue potential compensation. A knowledgeable Norristown, Pennsylvania defective products lawyer could partner with you to explore your options and take legal action. Schedule a consultation with a representative at our personal injury law firm to evaluate your potential product liability case today.
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