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