If a product you purchased has failed and caused you or a loved one to suffer an injury, a Southampton defective products lawyer could help. Manufacturers and others who are involved in getting products into the hands of consumers are responsible for assuring that they are safe to use.
When unsafe products cause harm, a dedicated injury attorney could help the injured consumer seek compensation for their losses. Damages could include money to cover medical expenses, reimburse for out-of-pocket expenses related to the injury, pay lost wages, and compensate for the injured person’s pain, emotional anguish, scarring, disability, lost enjoyment of life, and loss of consortium.
Who is Liable for a Faulty Product?
A product rarely moves directly from the manufacturer to the consumer. In most cases, a product moves from a manufacturer to a distributor, then to a retailer, before arriving in the hands of a consumer. Sometimes more than one party is involved in manufacturing a product, and sometimes wholesalers, assemblers, or installers have a role. When the product is defective and someone suffers an injury due to the defect, every entity that participated in the stream of commerce could bear some legal liability.
In most cases, 42 Pennsylvania Consolidated Statutes Annotated §7102 holds each party responsible for the damages that result from their actions. This includes the injured plaintiff. If the plaintiff’s injuries resulted in part from their negligence, they will collect only the percentage of their damages that are attributable to the actions of other parties to the lawsuit.
A capable injury attorney in Southampton could identify the parties that had a role in bringing a faulty product to market and hold each of them accountable. Bringing a claim against multiple potentially liable parties increases the injured person’s chances of receiving a settlement that is adequate to compensate for their losses.
Strict Liability Standard in Product Liability Cases
When a plaintiff seeks damages for injuries a malfunctioning product caused, they do not need to prove that the defendants were negligent. The law holds parties engaged in commerce strictly liable for the damages their products inflict on consumers.
Although the plaintiff does not need to prove negligence, there is a burden of proof they must meet. They must prove that the product was unreasonably dangerous due to a specified defect. A plaintiff must demonstrate that a product was defective because of a:
- Design flaw that rendered the product unreasonably dangerous when used as directed
- Manufacturing error that tainted, damaged, or weakened the particular product that injured the plaintiff
- Label that did not provide sufficient warning of the item’s dangers or did not provide adequate instructions for safe use
An experienced product liability lawyer in Southampton could tap into a network of subject matter experts to provide evidence of a design, manufacturing, or labeling defect. Such expert testimony is essential to prove liability in a defective products case.
Statute of Limitations in Southampton
Pennsylvania requires anyone seeking damages for personal injuries to file a lawsuit within two years of the accident that injured them. Once two years have passed, an injured person no longer has recourse in the courts. That means potentially liable parties no longer have any incentive to offer a reasonable settlement.
People in Southampton who were injured because of a product defect are wise to consult a product liability attorney soon after their accident. Building a strong case requires access to physical evidence like the malfunctioning product, receipts, instruction manuals, or other items that might get lost or damaged with the passage of time. Furthermore, it takes time to identify potential defendants and secure expert opinions that establish liability.
Demonstrating a strong case could motivate defendants to settle out-of-court before the plaintiff actually files a lawsuit. This is often the best result for everyone, as it gets money into the hands of the injured person sooner, and avoids the delays, expenses, and stress of taking a claim to court.
Get in Touch with a Southampton Defective Products Attorney
Corporations fight hard to avoid liability, so you need an experienced and aggressive advocate to build and present your case. A Southampton defective products lawyer will not be intimidated into accepting an inadequate offer.
Work with a strong ally who could help you receive the compensation you deserve. Schedule a consultation right away.