Each year, thousands of people are injured by dangerous and defective products at home and and in the workplace. Uncrashworthy automobiles, table saws lacking hand guards and pharmaceutical drugs that fail to disclose dangerous known side effects are all examples of defective products.
In many instances, designers, manufacturers and sellers of defective products are liable for the damages caused by a product’s defective condition. However, proving that a product is defective is often an involved and complicated endeavor. Most product designers, manufacturers and retailers are sophisticated litigants that have high paid attorneys that will go to great lengths to prove the company’s products are safe and free from defect.
Defective product lawyer, Brent Wieand, has experience investigating the circumstances surrounding product liability claims to determine their viability. Depending on the specific facts which apply to your situation, it may be possible to bring a lawsuit against the designer of the product, the manufacturer, the distributor, the wholesaler, or the seller of the product.
Brent Wieand, is proud to fight for the rights of people who have incurred debilitating injuries caused by defective products, including:
- Defective pharmaceutical drugs
- Defective medical devices
- Defective industrial equipment
- Defective consumer products such as toys and motor vehicles.
What Makes a Product Defective?
Under Pennsylvania law, a product must be reasonably safe for the purposes for which it is intended and for its reasonably foreseeable uses. Products are not required, however, to be designed or produced with features representing the ultimate in safety. Tincher v. Omega Flex provides that a plaintiff may prove the defective condition of a product by showing either that: (1) the danger is unknowable and unacceptable to the average or ordinary consumer, or that (2) a reasonable person would conclude that the probability and seriousness of harm caused by the product outweigh the burden or costs or taking precautions.
There are several different sources for product liability lawsuits:
- Manufacturing defects— In such defective product cases the injury was caused as a result of defect in the manufacture of the product. An example would be a chair which was built with a small crack in the frame, which breaks when used, causing an injury.
- Design defects— In these defective product cases the injury was caused by a poor design (even though there may be no defect in the individual product itself). A common example would be a piece of industrial machinery which was built without a proper safety device, and an injury happens while using the machine.
- Failure to warn or inadequate warning— These defective product cases refer to injuries caused as a result of a product known to be potentially dangerous which was sold without a proper warning to the consumer. An example would be an over-the-counter drug sold without a warning of the hazards of use with certain other drugs, or excessive consumption, or possible side effects from its use.
If a product is inherently dangerous and the danger is not obvious, the supplier must adequately warn of the foreseeable risks of using the product. If the supplier fails to warn of such risks, a claim can be brought for the failure to warn. If the danger is obvious, there is no duty to warn.
Free Legal Consultation with Philadelphia Defective Product Attorney, Brent Wieand
Don’t be a victim twice. If you were injured or a family member was killed because of a defective product, experienced product liability attorney, Brent Wieand, can help. He offers a free personal injury legal consultation and you never owe money unless he makes a recovery for you. Why wait? Call (215) 666-7777 today and see what Brent can do for you.
*This article is for informational purposes only and does not constitute legal advice*
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