Consumers rely on various products/consumer goods to make our lives easier and more enjoyable. However, sometimes certain products come off the manufacturing line defective and dangerous. When this defective product falls into the hands of consumers, serious injury or death may be the tragic result.
By advertising and selling a product, the manufacturer or seller impliedly represents that the product is safe for its intended use. Therefore, the law holds manufacturers and retailers responsible for placing a defective product into the stream of commerce that injures its intended user.
In a product liability case a plaintiff may be able to recover on a (1) strict liability theory; or (2) a negligence theory under Pennsylvania law.
Strict Liability:
Under a strict liability theory, a plaintiff’s burden of proof is substantially less than in a basic negligence case. If strict liability applies, a plaintiff does not need to prove that the defendant seller or manufacturer was negligent. Rather, generally all that a plaintiff needs to prove in a strict liability cause of action is: that there was a defect in the product, that the defect existed when the product left the defendant’s possession and that the defect was the cause of the plaintiff’s injuries.
Negligence:
To recover on a negligence theory a plaintiff must show that a defect in the product caused his or her injuries. However, unlike strict liability, a negligence theory requires plaintiff to provide additional proof that the manufacturer failed to exercise reasonable care in producing the product or was negligent under the law.
Categories of Defects:
Generally, there are three categories of defective products:
1. Manufacturing Defect. This occurs when a product comes off the manufacturing line different and more dangerous than all the other products because it wasn’t properly made according to design or production specifications. If a plaintiff is successful in proving a manufacturing defect, then the manufacturer of the product as well as each subsequent seller may be held strictly liable for any injuries to a plaintiff caused as a result of the defect.
2. Defective Design. Where an entire line of products comes off the manufacturing line the same and according to specifications, the product may still be defective if there is a flaw in the product’s actual design which makes the product unsafe for its intended use.
3. Failure to Warn. A product may also be defective based upon the defendant’s failure to warn about the possible hazards, defects, or dangerous propensities of the product.
At MM&L we have a record of successfully achieving substantial monetary awards on behalf of our seriously injured clients in product liability claims against heavy machinery manufactures, children’s toy manufacturers, and various other manufacturer defendants. The firm utilizes the most experienced and highly competent experts to analyze, build and present our clients’ claims.
Our diligent preparation and skillful execution in the courtroom ensures that our clients obtain the maximum recovery from the responsible party or parties.