How do you know if you have a Product Liability Case?

A "product" in Pennsylvania law is anything that is a tangible item that is manufactured and sold. The Pennsylvania Law follows what is called the "Restatement of Torts" and explains that a "defective product" is one that is unsafe for any of its expected uses. So, to figure out if you have a case for product liability in Pennsylvania, there are four key questions.

Here are the four keys to whether you have a products liability case in Pennsylvania:

One, Were you injured using a product?

Aside from the the obvious "injury" requirement, you need to have been in the course of using a "product". As mentioned, a product is a tangible item, which is manufactured and/or sold. A "service" which you paid for is not a product. An example of a product would be a car, bicycle, exercise equipment... you get the picture.

Two. Was the product unsafe for its intended or expected use?

Here, the first key is whether the product lacked something which would have made it safe. For example, should there have been a protective guard on a machine, or should there have been some type of fail-safe mechanism like a pressure release valve on a furnace.

Also, if you were clearly mis-using the product in a way that would be unexpected, then that would prevent you from winning a case. An example of misuse would be you were standing on a ladder sideways to use it as a walkway for scaffolding.

Three. Was the product at the time of the incident happened in the same condition as it was at the time it was manufactured or sold?

Here, if you or someone "substantially" changed the product AND that change was a cause of the injury, then you would not win a product liability case. An example would be you removed the guard off a circular saw or a machine and used it and cut your hand. But, a change that is not substantial and was not related to the cause of the injury would not lose your case. For example, painting a car a different color or changing a side mirror on a truck but the injury results from defective brakes.

Four. Do you have enough "damages" to make the case worth pursuing financially?

Product Liability cases are typically both expensive and time-consuming. They usually require you to hire an expert to inspect the product and give a conclusion as to whether the product was defective. If you did not have a serious injury or the injury went away within a short time, you probably do not have enough damages to make a case worth pursuing.

If you can answer yes to those four questions, then you probably have a case for an unsafe or defective product.

If you have any questions, feel free to call us for a free consult and evaluation of your case.

David Schreiber
Of Counsel
Law Offices of Thomas Wolpert, P.C.
610-792-3304

http://www.PAinjurycase.com

Injury Accident Lawyers serving Royersford, Boyertown, Phoenixville, Collegeville, Pottstown, Birdsboro, Schwenksville, Douglassville, Stowe, Montgomery County, Berks County, Chester County

How Motorcycle Insurance is Different that Car Insurance in Pennsylvania

If you have been in a motorcycle accident or are buying motorcycle insurance, here is some information about how motorcycle insurance is different than car insurance.

If you've had a personal injury accident or motorcycle accident, you will want to be insured correctly for damages.



David Schreiber
Of Counsel
Law Offices of Thomas Wolpert, PC

610-792-3304

www.thomaswolpert.com

Can You Sue in Pennsylvania for a Sexual Assault?

In Pennsylvania, aside from a criminal case, a victim of a sexual assault can bring a civil case for the assault. There are, though, some realties to consider. First, the biggest question is that the defendant who committed the act may likely not be able to personally pay an award or judgment. Then, the question becomes, is there any insurance coverage. Most likely, the defendant won't be covered under personal insurance for an intentional act. However, there may be a third-party who is also responsible. For example, if it happened at a public place, such as a parking garage, bar, or commercial property, there may be a case for negligent security.
Another instance could be if it occurred at a place of employment, or the defendant was or should have been under the control of a company or some other third party.
The potential grounds for negligence of such a third-party could also include:

Negligent retention/hiring of employees
Negligent failure to supervise their employees
Premises liability or
Negligent failure to supervise child-victims

These are obviously very traumatic and emotional cases. Potential claims for damages can include:

Pain and Suffering
Negligent Infliction of Emotional Distress and/or
Intentional Infliction of Emotional Distress
Invasion of Privacy
Assault
Battery
Negligence (by a third-party)
Lost wages/earnings
Medical Bills

If you would like more information, feel free to contact us.

David Schreiber
Of Counsel
Law Offices of Thomas Wolpert, P.C.
(610) 792-3304

www.PAinjurycase.com
www.thomaswolpert.com

Warning: Using your car as a delivery driver - what happens to your car insurance

Many people use their own car for a job like delivering pizza. They don't think to consider what happens with their insurance coverage.

If you do not inform your insurance company that you are using the car for a job like a delivery driver, you may not be covered! In other words, say you are driving your car delivering pizza and you are involved in a car accident. Your insurance company may determine that use is not covered under your policy. That business use was not contemplated when they determined your premiums- they will say that they did not insure you for that loss.

We recommend that you contact your insurance company or agent to inform them you are starting such a job. If it does raise your rates, you should consider that as to whether you still want to take the job. It's better to be safe and let them know than to find out when it's too late that you don't have coverage for an accident.

If you have more questions, feel free to call us.

David Schreiber
Of Counsel
Law Offices of Thomas Wolpert, P.C.
610-792-3304

Serving: Royersford, Limerick, Pottstown, Collegeville, Phoenixville, Schwenksville, Boyertown, Douglassville, Birdsboro, Gilbertsville, Montgomery County, Berks County, Chester County.

What is "Stacking" on my car insurance policy?

For car insurance, "stacking" means you can "stack" or multiply your underinsured motorist and uninsured motorist coverages times the number of vehicles / cars on your policy. So, if you have 2 cars in your household on your car insurance policy, and you have $50,000 in underinsured and uninsured, buying stacking gives you $100,000 in coverage. This is typically worth the price. The premium for stacking is not usually a lot. Ask your insurance agent.

If you have more questions about car insurance, feel free to call us.

David Schreiber
Of Counsel
Law Offices of Thomas Wolpert, P.C.

serving: Royersford, Limerick, Pottstown, Douglassville, Phoenixville, Collegeville, Birdsboro, Boyertown, Schwenksville, Gilbertsville, Montgomery County, Chester County, Berks County.

www.PAinjurycase.com