Each day, people use consumer products from when they wake up until they go to sleep at night. While most products are safe and effective, some harbor latent defects that make them dangerous and ultimately result in significant harm. If you suffered harm due to an unsafe product, you should speak to a knowledgeable attorney regarding your potential claims. At Lenahan & Dempsey, P.C., our Scranton product liability lawyers are adept at aiding people injured by unsafe products in the pursuit of damages, and we will aggressively advocate in your favor.Pursuing a Product Liability Claim in Pennsylvania
Under Pennsylvania law, a person injured by a defective product can pursue claims against any entity that manufactured, sold, or was otherwise in the chain of distribution of the product. In most cases, product liability claims must be filed within two years of the date of the harm. There is an exception, however, in cases in which the defect was fraudulently concealed, which allows the statute of limitations to be tolled.
Often, product liability lawsuits allege both strict liability and negligence claims against the defendant. In a strict liability claim, the plaintiff alleges that the product was defective when it left the defendant’s control, the defect made the product dangerous and caused the plaintiff’s harm, and therefore the defendant should be held liable, regardless of whether the defendant acted negligently. In a negligence claim, however, the plaintiff and a product liability attorney in Scranton will assert that the defendant had a duty to create a safe product and knew or should have known that its product was dangerous, but it sold the product anyway, ultimately causing the plaintiff’s harm.
Regardless of the precise theories, Pennsylvania product liability claims generally assert that a product was dangerous due to a design defect, a manufacturing defect, or a failure to warn. A design defect occurs when the design of the product is unsound, making the product unreasonably dangerous. In assessing whether a product design is dangerous, a court will employ either the consumer expectations standard, which evaluates whether the dangers associated with using the product are greater than an average consumer would expect or accept, or the risk-utility test, which asks whether a reasonable person would find that the seriousness and likelihood of the harm caused by the product outweigh the burden of taking precautions.
A manufacturing defect will be found when a product’s design is adequate, but an error occurred in the manufacturing process that resulted in a dangerous product. Meanwhile, if a product is inherently dangerous, the manufacturer has a duty to warn of the risks associated with its use. Thus, a Scranton product liability attorney may be able to show that the product was defective due to the manufacturer’s failure to warn consumers of the potential harm that the product could cause.Compensation Recoverable in a Product Liability Claim
If you suffered harm due to a defective product, you should be able to recover damages for the economic losses caused by your injury. In other words, the defendant will be accountable for the cost of any medical treatment that you needed, as well as out-of-pocket expenses. You may also be able to recover the cost of the treatment that you will need in the future. If you could not work due to your injuries, you may be able to recover lost wages as well. In addition to damages for your economic losses, you may be awarded compensation for the pain, suffering, and mental anguish caused by your injuries.Meet with a Trusted Personal Injury Attorney
If you were harmed by a defective product, you should meet with a product liability lawyer at our Scranton firm regarding your potential claims. At Lenahan & Dempsey, P.C., we are proficient at pursuing damages on behalf of people injured by defective products, and we will work diligently to help you seek a favorable result. Based in offices in Scranton, New Berwick, Tunkhannock, and the Poconos Mountains region, we represent victims throughout Lackawanna, Columbia, Luzerne, Monroe, Lycoming, and Montour Counties. We can be reached through our form online, or you can call us at 888-536-2426 to discuss the circumstances surrounding your harm at no obligation.