You buy this amazing new car–it’s sleek, sophisticated, and great on gas. That is until you’re involved in a car accident and the brakes failed and your airbags never deployed. What should have been a tiny fender bender left you with severe injuries–but who’s to blame? The other driver wasn’t going fast enough to cause such critical damage, and you weren’t going too fast to miss the person in front of you.
If this sounds familiar, you may have a claim for product liability. What we often think of as FDA recalls on medications or produce can include much more. But no matter your product liability case, you deserve justice for the injuries you sustained from a faulty product.
The Scranton personal injury attorneys at Mazzoni Karam Petorak & Valvano stand ready to fight for the rights of the injured in Northeast Pennsylvania.
Pennsylvania Product Liability Law
Pennsylvania’s Product Liability Law holds sellers of defective products are under strict liability for injuries sustained by consumers. Because of this, the injured does not need to prove negligence, just that the product was defective and caused the injury.
Under strict liability law, the seller of the product, including the manufacturer and retail seller, can face liability for injuries sustained if:
- 1. The product was defective
- 2. The defect existed when it was sold
- 3. The defect caused harm to a consumer
To be considered defective, the product must be missing elements that make it safe or contain elements that would make the product unsafe. There are three forms of defects:
- Manufacturing Defects: Includes flaws in construction and is proved by illustrating evidence of a malfunction without improper use
- Design Defects: The product lacked safety features which are proved via expert testimony that the design could have been safer
- Defects From Absent/Ineffective Instructions Or Warnings: If no safety instructions exist, consumers may use the product improperly without knowing
A victim has two years from the time of death or injury to make a claim against the seller and manufacturer. If fraudulent concealment is the reason why the defect was not discovered, the injured party’s time does not begin until the discovery of the defect occurs. However, if the victim is 50% responsible, they still can recover some damages for injuries sustained.
Common Product Recalls
According to the U.S. Government, the most commonly recalled products include:
- Child Safety Seats
However, when you or a family member sustained an injury from a product, you’ll want to check to see if that product has already been recalled for injuries. The following websites are great resources for product information:
But if you or a loved one is injured after using a defective product, you may have a product liability case.
Scranton Product Liability Attorneys: Mazzoni Karam Petorak & Valvano
Everyday products you rely on for transportation, health, and child safety can quickly become very dangerous and end up changing the course of your life. If you or a loved one have been injured because of a defective product, our firm and Scranton personal injury lawyers want to work with you and help you get your life back on track.
If you have a product liability claim, contact the personal injury attorneys of Mazzoni Karam Petorak & Valvano.