Malvern Product Liability Lawyer

Defective products can cause serious injuries, from burns to organ damage. If a faulty product harmed you, Kingbird Legal is ready to fight for you. Our Malvern product liability lawyer will hold negligent manufacturers accountable and seek compensation for your injuries. You deserve justice for your suffering. Call 484-289-4880 today for a free consultation, and let us help you pursue financial recovery.

Types of Defective Products That Can Lead to Injury Claims in Pennsylvania

When a consumer purchases a product, they expect it to be safe for its intended use. Unfortunately, defective products can sometimes cause harm, resulting in serious injuries or even death. In Pennsylvania, as well as the rest of the United States, manufacturers, distributors, and retailers can be held liable for injuries caused by faulty or dangerous products. Understanding the common types of product defects that lead to liability is crucial for consumers and anyone who might be considering a product liability claim.

What Constitutes a Defective Product?

Product liability is a legal term used to describe situations where a defective product causes harm to a user. In Pennsylvania, the law holds manufacturers, sellers, and other parties involved in the distribution of products responsible for injuries that result from unsafe products. A product defect could occur at any point in the design, manufacturing, or marketing process. In order to bring a successful product liability claim, the injured party typically must prove that the product was defectively designed, manufactured, or marketed.

Here are the three main types of product defects that can lead to liability:

Design Defects

A design defect occurs when a product is inherently dangerous due to its design, even before it is manufactured. This type of defect exists in the blueprints or plans of the product, meaning every item produced from that design will be flawed.

For example, if a car is designed with a faulty ignition switch that could cause the engine to shut off while driving, that is a design defect. Similarly, if a power tool is designed without proper safety features that could expose users to unnecessary risk, that too could be a design flaw.

A design defect is often harder to prove because it requires showing that the product’s design, rather than its production or marketing, is inherently unsafe. Courts may look at whether safer alternatives were available at the time of the design or if the manufacturer could have reasonably foreseen the risk of injury. In some cases, a design defect may lead to a recall, particularly if it is found that many units of the product are dangerous.

Manufacturing Defects

A manufacturing defect happens during the production or assembly process of a product. While the design may be sound, something went wrong during manufacturing that caused the product to deviate from its intended design. This can happen for various reasons, including poor quality control, use of substandard materials, or human error during the production process.

For example, imagine a batch of power cords that were designed to handle high electrical current, but due to a mistake during manufacturing, some cords were produced with faulty insulation. These defective cords might overheat or cause electrical fires, leading to serious injuries or property damage.

Manufacturing defects are typically easier to identify than design defects because they apply to a limited number of products rather than the entire product line. When a manufacturing defect is identified, it may lead to a recall of the affected units to prevent further harm.

Marketing Defects

A marketing defect, also known as a “failure to warn,” occurs when a product is marketed or sold in a way that misleads consumers or fails to provide important information about the risks of using the product. This includes inadequate warnings, improper instructions, or false advertising.

A common example of a marketing defect is a medication that is sold without proper warnings about side effects. If a drug causes severe allergic reactions but fails to include a clear warning label, consumers may be unaware of the risks involved in using the product. As a result, the manufacturer could be held liable for any injuries or damages that occur as a result of using the drug.

Marketing defects are especially common in the pharmaceutical and food industries, where products need to come with clear instructions for use, potential side effects, and proper dosage recommendations. However, marketing defects can also arise with products in other industries, such as household appliances, toys, and vehicles.

Examples of Defective Products

To further illustrate how these defects can lead to liability, let’s take a look at some common examples of defective products:

Automobiles: Many car accidents are caused by defective automobile parts, such as faulty airbags, defective brake systems, or engine malfunctions. For instance, in the case of a car recall for faulty airbags, manufacturers may be held liable for any injuries sustained due to the airbags not deploying as intended.
Children’s Toys: A child’s toy could be defectively designed or manufactured with small parts that pose a choking hazard. A toy may also have sharp edges or harmful chemicals that can cause injuries. Manufacturers have a responsibility to design and produce safe products for children, as they are particularly vulnerable to harm.
Medical Devices: From pacemakers to surgical instruments, defective medical devices can cause serious harm. If a medical device is poorly designed, manufactured incorrectly, or lacks proper safety warnings, the manufacturer may be held responsible for any injuries or complications that result from using the device.
Food and Beverages: Contaminated food products, such as those containing harmful bacteria or undeclared allergens, can lead to severe health problems. A food manufacturer can be held liable for failing to warn consumers about risks, such as peanut allergens in food that is not labeled as containing peanuts.
Household Appliances: Products like refrigerators, toasters, or washing machines can become dangerous if they are manufactured with faulty wiring, improper insulation, or dangerous materials. These defects can lead to electrical fires or injuries.

Proving Defects

To succeed in a product liability case, an injured person must prove the product was defectively designed, manufactured, or marketed. Depending on the situation, this may involve gathering evidence, such as:

Product inspection or testing results
Photographs of the product and the injury
Expert testimony regarding the defect
Records of any prior accidents or complaints related to the product
Manufacturer or distributor documentation, including warnings and instructions

It’s also important to note that Pennsylvania follows the legal theory of strict product liability. This means that an injured party does not have to prove negligence on the part of the manufacturer or seller. Instead, they only need to show that the product was defectively designed, manufactured, or marketed, and that this defect directly led to the injury.

Taking Action After an Injury

If you’ve been injured by a defective product in Pennsylvania, it’s crucial to act quickly. Filing a product liability claim can be a complex process, and it’s important to work with an experienced personal injury attorney who understands the nuances of product liability law.

An attorney can help you navigate the legal process, gather necessary evidence, and ensure that you are fairly compensated for your injuries. In addition, they can help protect your rights and advise you on the best course of action moving forward.

Malvern Product Liability Attorney

Whether it’s a design flaw, manufacturing defect, or marketing issue, these defects can lead to liability and a personal injury claim. If you or someone you know has been injured by a defective product, it’s important to consult with a personal injury lawyer in Pennsylvania who can help you get the compensation you deserve. Kingbird Legal’s Malvern product liability attorney will hold manufacturers accountable and fight for the compensation you need. Call 484-289-4880 today for a free consultation, and let us help you seek justice.