When Pennsylvania residents are injured in an accident, most people probably think of car accidents as the cause. However, each year thousands of people are injured in a number of other different ways, including injuries caused by defective products. Anyone who is injured in this manner may be able to pursue a claim under "products liability" law.
In pursuing such a claim, the injured party - the "plaintiff" - will be, in essence, attempting to prove that the designer or manufacturer of the product in question, or the retailer that sold it, is responsible for the plaintiff's injuries. Claims of design and manufacturing defects, or of marketing defects, are the main paths to pursue in a products liability claim.
Under a theory of design defect, the plaintiff will attempt to prove that the product was defective from the point of design - that it was "inherently unsafe" as designed. Under a theory of manufacturing defect, the plaintiff will attempt to prove that the product was negligently assembled - that there was some defect in how it was made. Lastly, under a marketing defect claim, the plaintiff will be attempting to prove that there was some negligence or recklessness in the way the product was sold, such as a lack of safety warning labels or instructions on operation of the product that were lacking.
Being injured by a defective product can be unexpected, but it shouldn't be the injured party who needs to shoulder the burdens associated with the injury. Pennsylvania residents who are injured by a defective product may want to explore their legal options.
No Comments
Leave a comment