Kennett Square Product Liability Lawyer

Consumers should be able to trust that the products they buy are safe. Unfortunately, defective and dangerous products cause thousands of injuries each year. If you or a loved one has been harmed by a faulty product, Kingbird Legal is here to help. Our Kennett Square product liability lawyer will fight to hold manufacturers, designers, and distributors accountable for their negligence. Whether your injury was caused by a defective medical device, unsafe toy, or malfunctioning vehicle, we will work to secure the compensation you deserve. Product liability claims can be complex, requiring extensive investigation and expert testimony, but we have the resources and experience to take on large corporations. Don’t suffer in silence—let us fight for your rights. Call 484-289-4880 today for a free consultation, and let us help you seek justice for your injuries.

Understanding Strict Liability and Negligence in Product Liability Claims

Product liability claims are essential in protecting consumers from harmful or defective products. When someone is injured due to a product malfunction or defect, they may be able to seek compensation through a product liability claim. There are two key legal theories under which a product liability case may be brought: strict liability and negligence. While both can lead to compensation for injured individuals, they are fundamentally different in how they approach responsibility and fault.

What Is Product Liability?

Product liability refers to the legal responsibility that manufacturers, sellers, and distributors have for putting unsafe or defective products into the hands of consumers. These products can be anything from household appliances to medical devices, vehicles, or toys. If a product is defective in its design, manufacture, or marketing (such as through inadequate warnings), and causes harm to a consumer, the injured party may have grounds for a product liability claim.

Product liability cases are typically based on three theories:

Strict Liability
Negligence
Breach of Warranty

In this article, we’ll focus on strict liability and negligence.

Strict Liability in Product Liability Claims

Under the legal theory of strict liability, a manufacturer or seller can be held responsible for an injury caused by a defective product regardless of whether they were negligent or at fault. In other words, the injured party does not need to prove that the manufacturer or seller acted carelessly or failed to follow industry standards.

Strict liability focuses on the defect itself and whether it led to the injury, not on the conduct of the manufacturer or seller. This makes strict liability easier for plaintiffs to prove in certain circumstances.

Key Aspects of Strict Liability

Defective Product: The injured party must show that the product was defectively designed, manufactured, or marketed. These defects could include:
- Design defects: The product was inherently unsafe from the start.
- Manufacturing defects: The product was made in a way that deviated from its intended design.
- Marketing defects: The product was inadequately labeled or failed to warn consumers about potential dangers.
Causation: The defect must have been the direct cause of the injury. The plaintiff must show that the defect in the product led to their harm.
Consumer Use: The product must have been used in a way that is consistent with how it was intended to be used. In other words, the plaintiff must have been using the product in a normal manner when the defect occurred.

In strict liability cases, the plaintiff does not need to prove that the manufacturer or seller was negligent in any way. The focus is on whether the product itself was defective and whether that defect caused harm. This makes strict liability claims potentially more favorable for plaintiffs in cases where negligence may be difficult to prove.

Negligence in Product Liability Claims

Negligence, on the other hand, focuses on whether the manufacturer, seller, or distributor failed to meet a certain standard of care. In a negligence-based product liability claim, the plaintiff must prove that the defendant was careless in designing, manufacturing, or distributing the product, and that this negligence led to the plaintiff’s injury.

Negligence claims require the plaintiff to establish that the defendant had a duty to ensure the product’s safety, that they breached that duty, and that the breach caused the injury.

Key Aspects of Negligence

Duty of Care: The defendant must have had a legal duty to ensure that the product was safe for consumer use. For example, manufacturers have a duty to design and produce products that do not pose an unreasonable risk of harm to users.
Breach of Duty: The plaintiff must show that the defendant breached that duty of care by acting negligently. This could include:
- Failing to test a product adequately
- Using defective materials in production
- Failing to warn consumers about potential risks associated with the product
Causation: Just like in strict liability claims, the plaintiff must show that the defendant’s negligence directly caused the injury.
Damages: Finally, the plaintiff must prove that they suffered actual harm or damage due to the product’s defect.

Unlike strict liability, negligence claims require the plaintiff to show that the defendant’s actions (or inactions) directly caused the injury. This can sometimes be harder to prove, as it requires evidence of how the manufacturer or seller failed to act in a reasonable manner.

Differences Between Strict Liability and Negligence

While both strict liability and negligence can be used in product liability cases, there are some key differences that can affect how each case is handled:

Burden of Proof

In a strict liability case, the plaintiff does not have to prove that the manufacturer or seller was negligent. They only need to show that the product was defectively designed, manufactured, or marketed, and that the defect caused their injury. This can make strict liability claims simpler to prove, especially in cases where negligence is harder to establish.

In a negligence claim, the plaintiff must prove that the defendant failed to meet a standard of care, and that this failure caused the injury. This requires a more detailed investigation into the manufacturer’s practices and the circumstances surrounding the product’s defect.

Focus of the Case

Strict liability cases focus on the product itself, while negligence cases focus on the actions (or lack thereof) of the manufacturer or seller. In strict liability, the defect is the key element of the case, while negligence requires showing that the defendant’s behavior was careless or unreasonable.

Defendant’s Conduct

In strict liability, the defendant’s conduct or state of mind is irrelevant. The focus is solely on whether the product was defectively designed, made, or marketed. In contrast, negligence claims require the plaintiff to prove that the defendant acted negligently, which may involve investigating their manufacturing processes, design protocols, or marketing strategies.

Suitability for Certain Cases

Strict liability is often a better option for plaintiffs in cases where the defect is clear, but proving negligence may be difficult. For example, if a product defect was caused by a design flaw that was present from the beginning, the plaintiff may have an easier time proving a strict liability case. Negligence, on the other hand, is often appropriate when the harm is caused by the manufacturer’s failure to follow safety standards or exercise reasonable care.

When Should You Consider Strict Liability or Negligence?

Choosing between a strict liability claim and a negligence claim can depend on the specifics of the case. If the product has a clear defect that caused the injury, strict liability may be the more straightforward path. On the other hand, if the injury resulted from the manufacturer’s failure to take reasonable precautions, such as not properly testing the product or neglecting safety protocols, negligence may be the better theory.

An experienced product liability attorney in Pennsylvania can evaluate your case and help determine which legal theory offers the best chance of success.

Holding Negligent Manufacturers Accountable in Kennett Square

Defective and dangerous products can cause serious injuries, leaving victims with medical expenses, lost wages, and lasting pain. If you or a loved one has been harmed by a faulty product, Kingbird Legal is ready to fight for you. Our Kennett Square product liability attorney will hold negligent manufacturers, designers, and distributors accountable for the harm they’ve caused. Whether your injury was due to a defective medical device, unsafe household product, or malfunctioning vehicle, we will aggressively pursue the compensation you deserve. You shouldn’t have to suffer because of a company’s negligence. Call 484-289-4880 today for a free consultation, and let us help you seek justice and financial recovery.