Defective Products/Product Liability Cases
The terms, “Defective Products” and “Product Liability” are commonly interchangeable under Pennsylvania Personal Injury Law.
According to the Consumer Product Safety Commission, it is far too common to hear of serious injuries caused by defective products.
The Commission says over 12 million Americans are hurt by defective consumer products each year.
Some defective products are not designed or manufactured correctly or use inferior materials that can lead to harm. Others may lack proper warning labels or instructions for proper use.
Lenahan & Dempsey Is A Top Defective Product Liability Law Firm
At Lenahan & Dempsey we know how to win defective product/product liability cases.
Lenahan & Dempsey is uniquely qualified to take on these often highly complex cases. Two of our lawyers, Managing Partner Timothy Lenahan and Attorney Christine
Mayernick-Lezinski are listed in Best Lawyers in America under multiple practice categories, including Product Liability Law.
Our success in winning Hundreds and Hundreds of Millions for our clients has led to Judges and our peers voting us for inclusion in The Best Law Firms in America, and we are listed as a Tier 1 Law Firm (the highest rating). Eight of our lawyers are listed in Best Lawyers in America and eight are listed as Pennsylvania Super Lawyers. Three, including Firm President John Lenahan, Jr., Managing Partner Timothy Lenahan and Attorney Matthew Dempsey are listed in The Top 100 Lawyers in Pennsylvania (out of over 48,000 Pennsylvania lawyers).
Timothy Lenahan is also Best Lawyers in America’s Top Insurance Lawyer for his representation of the injured fighting against large insurers for the region of Northeastern/Central Pennsylvania and the Pocono Mountains. He has previously been named Best Lawyers Top Personal Injury Lawyer for that region for his work fighting for the rights of injured people.
With a documented track record of winning Hundreds of Millions for our clients, we feel we are uniquely qualified to help you and your family after a serious injury caused by a defective product.
We are available 24/7 at 1.888.536.2426. Call us for a free, no-obligation case evaluation. There are no fees until you get the money you deserve.
Defective Product/Product Liability Laws in Pennsylvania
Defective product laws, also known as product liability laws in Pennsylvania, were written to hold manufacturers, distributors, and those who sold a defective product accountable for injury causing defects.
Under the law, there are three main legal theories under which we can bring a product liability claim: Strict Liability, Breach of Warranty and Negligence.
1. Strict Liability: In Pennsylvania, the term, “Strict Liability” means we do not have to prove the manufacturer or seller was negligent in producing or selling the product. Instead, we must only show must the product was defective and that the defect caused your injuries. There are three main types of product defects: design defects, manufacturing defects and failure to warn or inadequate warnings.
- Design defects: These are flaws in the product's design that make it unreasonably dangerous to consumers.
- Manufacturing defects: These are errors that occur during the manufacturing process itself, such as products which are poorly manufactured or use poor quality materials, which lead to a product being defective and possibly dangerous.
- Failure to Warn or Inadequate Warnings: Failure to warn or poor or inadequate warnings or instructions about the product's potential risks. This occurs when a manufacturer fails to warn users, generally by means of a warning label or product insert, of exactly how to use the product or warn of dangers that can arise from the use of the product.
2. Breach of Warranty: Under Pennsylvania law, there are two types of warranties that may apply to a product: Express Warranties and Implied Warranties.
- Express Warranty: This is a specific promise made by the manufacturer or seller regarding the quality and performance of their product.
- Implied Warranty: This is a guarantee any reasonable person would have that a product is safe for its intended purpose.
3. Negligence: In addition to strict liability, you can also bring a product liability claim based on negligence. To succeed in a negligence claim, we must prove that the manufacturer or seller breached their duty of care in designing, manufacturing, or selling the product, and that this breach caused your injuries.
Types of Losses Generally Covered Under Product Liability Law
Those injured by defective products can recover the following damages:
- Medical expenses (past and future)
- Lost wages and loss of earning capacity (past and future)
- Physical pain and suffering
- Mental anguish or emotional distress
- Disfigurement/scarring
- Loss of enjoyment of life
- Punitive damages (in cases of reckless behavior or willful misconduct)
Common Types of Defective Product/Product Liability Cases
Among the most common cases we see are the following:
Machinery Defects: Simply put, these are injury cases where a piece of machinery or equipment that harmed you was improperly built; used inferior products in the design or manufacturing process; did not have adequate safety devices (such as a guard or automatic shut-off switch) or did not have adequate safety warnings or instructions. These injuries often involve workers in the course and scope of their employment. In addition to a workers’ compensation claim, the injured employee may be able to bring a claim against the manufacturer or seller of the machinery or equipment that caused the harm for their injuries and damages.
Household Appliances: When a household appliance is defective, it can cause serious injuries or even death. There a multitude of household appliances that can be defective due to a design defect, manufacturing defect or inadequate warnings, such as microwaves, stoves, space heaters, fans, lighting fixtures, dishwashers, washers or dryers, fans, electrical cords or plugs,
Cars/Trucks/Vehicle Defects: Cars/Trucks/Vehicle defects can cause some of the most serious and deadly injuries. Please see our separate Practice Area Topic on this topic here.
Defective Airbags – Airbags that fail to engage during an accident can easily lead to loss of life and horrible injuries. Please see our separate Practice Area Topic on this topic here.
Defective Seat Belts – The National Highway Traffic Safety Administration (NHTSA), reports that thousands of people suffer severe injuries or lose their lives every year due to a defective or malfunctioning seat belt in the United States. Their studies show approximately three million Americans are hurt each year due to seat belt failures. Please see our separate Practice Area Topic on this topic here.
Call us 24/7
Call us at 1.888.536.2328 with any questions you may have about a Defective Product or Product Liability case.
What Can You Expect When Working With Lenahan & Dempsey
We have recovered Hundreds and Hundreds of Millions for our clients across almost all fields of Personal Injury, Insurance Bad Faith and Workers’ Compensation law.
We fully understand the physical, emotional, and financial toll a case can take on victims and their families. Our highly dedicated team of lawyers and paralegals can point to a history of success supporting our clients and winning the money they need to rebuild their lives.
*Best Lawyers in America and Best Law Firms are trademarks of Woodward White. Super Lawyers and Top 100 Lawyers in Pennsylvania are trademarks of Thompson Reuters. Both trademarks are used with permission. Details on Settlements & Verdicts are found at LenahanDempsey.com. All law firms are required to note that because the facts of each case are different, past performance is not a promise of a future outcome.
