Defective Products

Many Americans are injured each year by products they thought were safe. Defective, dangerous, unsafe, and recalled products, drugs, and medical devices put the public at risk of serious injury and even death.

Often, the manufacturer of a defective or hazardous product has knowledge that it is dangerous but chooses to put greater profits over safety. The product liability attorneys at Caroselli, Beachler & Coleman, L.L.C. hold these parties responsible for making choices that put the public at risk.

If you have been injured or a loved one has been injured or killed by a defective product, our Pennsylvania injury attorneys are here to help. From our office in Pittsburgh, our legal team uses its extensive experience to achieve results for clients and their loved ones. Contact us today to schedule a free consultation.

What is a Product Liability Claim?

When a consumer is injured or loses a loved one because of a defective product, they have the right to hold the responsible party accountable. Generally, that responsibility lies with one or more of the following parties:

• The product designer
• The product manufacturer
• A parts manufacturer
• The wholesaler
• The retailer
• The advertiser

Your injury may have occurred as a result of any type of product. The most common defective and dangerous products seen in Pennsylvania product liability cases include:

• Asbestos containing products
• Car parts
• Medical devices
• Testing equipment
• Machinery and tools
• Prescription drugs
• Toys
• Children’s furniture
• Construction materials
• Shelving
• Food and beverages
• Weed killer chemicals

Pennsylvania Product Liability Law

In Pennsylvania, a defective product can fall under three categories:

Design Defects

This applies when the design of the product makes it unsafe or dangerous. For example, a tall, skinny dresser is designed to be aesthetically attractive.  However, when a child opens an upper drawer and pulls on the unit, the entire dresser crashes to the floor, causing multiple severe injuries. Because the design of the furniture is flawed, the injured party may have a product liability claim.

Manufacturing Defects

When a product is dangerous or unsafe because of the way it is produced, this can also constitute negligence. When cases involving manufacturing defects are brought, they also involve “strict liability,” meaning the manufacturer didn’t know of the defect or intend to do harm.

Lack of Warning

If a product does have certain dangers, its maker is required to warn consumers. If they fail to do this and someone is injured or killed, this can also be a basis for a product liability lawsuit.

Proving Fault in Defective Products Cases

You will need to build a strong case to either receive a fair settlement or a positive ruling in court. This involves more than simply documenting your injuries.

First, you’ll need to notify all the parties that could hold responsibility, including the designer, manufacturer, distributor, and seller. In the past, plaintiffs had to prove that the manufacturer was at fault. But this is no longer the case.

You DO need to prove that the product was defective, that you were injured, that the defect caused your injuries, and that you were using the product as intended.

Examples of Defective Products Cases We’ve Handled

At Caroselli, Beachler & Coleman, L.L.C., we have been advocating for the rights and financial well being of injury victims and their loved ones for over 50 years. We have a strong background and a proven track record of success in products liability law. Some of the cases we have handled include:

• Toyota and Lexus sudden unintended acceleration – claims related to the sudden unintended acceleration of different models of Toyota and Lexus vehicles that led to injuries and wrongful deaths.
• DePuy hip replacements – Johnson & Johnson’s artificial hip business, DuPuy Orthopaedics, has recalled two different hip replacement systems due to high rates of failure.
• General Motors defective ignition switches – we are continuing to investigate and litigate cases related to GM’s recall of faulty ignition switches in 2014, which affects many different makes and models.
• Talcum powder – our office continues to help clients that have been diagnosed with ovarian cancer in connection with the Johnson & Johnson talc lawsuit.
• Monsanto RoundUp – if you were diagnosed with Non-Hodgkin’s Lymphoma and have a long term use of this weed killer contact us to discuss your claim we are currently handling these matters.

What Damages Can an Attorney Help Me Recover?

One of the goals of a products liability case is to get dangerous and defective products off the shelves. If you or a loved one have been injured, there’s a good chance that this could happen to someone else.

Another aim of these cases is to recover full and fair compensation after an injury or wrongful death. If your case is successful, you can expect:

• Compensation for economic and non-economic losses such as as damaged property, medical expenses, lost wages, loss of earning capacity, and pain and suffering.
• Possible punitive damages to punish the responsible party for their recklessness and prevent similar cases in the future.

Statute of Limitations for Defective Products Claims

According to Pennsylvania law, you have a limited amount of time to file a products liability lawsuit. This is referred to as the “statute of limitations”, and once that time is up, your claim will no longer be considered by the court.

Specifically, you have two years to file a product liability claim. However, there are exceptions to this rule. For example, if you used a product for years that did not have a warning label on the package, and you later discovered that it had caused you injury, you may still have a products liability case. According to the “discovery rule,” the statute of limitations does not begin until you discover the injury.

Even if you are well within this time limit, it’s important to act quickly if you believe that you have been injured by a dangerous or defective product. Your legal team may need to preserve critical evidence that can help strengthen your case.

Speak with a Qualified Pennsylvania Products Liability Attorney

Investigation of a potentially defective product can be time-consuming and costly. A products liability law firm should have the experience and resources necessary to investigate and pursue your case.

If you or someone you love was hurt by defective equipment or products in Pennsylvania, we can help. Our qualified personal injury attorneys will protect your rights, aggressively pursue justice on your behalf, and work to obtain the compensation you need and deserve.

Contact Caroselli, Beachler & Coleman, L.L.C., by calling us at 412-391-9860 in Pittsburgh or Western Pennsylvania, or toll-free at 866-466-5789 for an evaluation of your case. We provide free consultations, and we handle defective product cases on a contingency fee basis – which means no out of pocket risk to you.  You may also complete our online contact form. Initial consultations are free and confidential.