To win your products liability claim, you must prove that an accident occurred because of an unreasonably dangerous product. It’s also important to prove what your losses are. You may claim economic damages and pain and suffering. You may claim compensation for any financial losses that you have out of pocket as well as ways that you fail to earn income because of your injuries. Our personal injury attorneys can help you determine all of the types of compensation that you may claim.
Types of products liability cases in Pennsylvania
There are a number of ways that a product may be legally deficient under Pennsylvania law. Some grounds for products liability may surprise you. You may base your products liability claim on any of the following legal grounds:
Breach of implied warranty
All products must work for the reason that they’re intended. They must work for their express purpose and for all other reasonable, expected uses of the product. When a product fails to function as intended and an injury results, you may have a products liability claim based on breach of implied warranty.
Breach of express warranty
Sometimes, a manufacturer makes guarantees that go along with the purchase of their product. When a product fails to live up to its promises and an accident occurs, you may have a valid claim for breach of express warranty.
When errors happen in the manufacturing process, the product may not work as intended. If you’re hurt because of a manufacturing defect, you don’t have to prove that the producer behaved negligently or even why the accident occurred. The existence of the manufacturing defect alone may be the basis of your claim.
A company that produces a product has the legal obligation to design that product with care. Any product design must incorporate contemporary safety features. An unreasonably dangerous design can be the legal basis for an accident claim.
Failure to warn
If a product needs instructions for safe use, the manufacturer must provide clear instructions along with the product. If an accident may have been prevented with better, clearer instructions, failure to warn can be legal grounds for compensation.
Have a claim? Call to speak with our products liability law firm
Our products liability personal injury attorneys represent accident victims in the following counties: