In Pennsylvania the manufacturer of a product guarantees its safety. Any product placed in the stream of commerce in Pennsylvania must be safe for its intended use. It must contain every element necessary to make it safe and contain no element which would make it unsafe for its intended use. Chester County, Delaware County, Bucks County, Berks County, Montgomery County and Philadelphia County all follow this rule of law. It is called Strict Liability. Liability is imposed even if the manufacturer or supplier took all possible care in the preparation and sale of the product.
If you have been injured by a dangerous or a defective product, a product liability case can be filed against a variety of parties involved in the manufacturing and sale of the product. It could be a case against a manufacturer of a component part, such as Toyota sudden acceleration accident cases, the company that assembled the product, the wholesaler or possibly even the retail store that sold the product to you.
Product Liability: Injured from a defective product?
Product liability can arise from a defective product which fails and results in injuries.
Strict Liability requires only two elements of proof. One must first prove the product was defective and then needs to prove that the defect was a proximate cause of the plaintiff’s injuries. Believe it or not, the manufacturer or supplier of a product is the guarantor of its safety and since that is so, there is no need to prove that the defendant manufacturer or supplier was in any way careless. The need to prove that they failed to exercise due care is not relevant. The manufacturer is responsible for injury by his defective product even if he “has exercised all possible care in the preparation and sale of the product.”
Experts: Product Liability Lawyers
Proving that a product is defective is oftentimes difficult. You must retain the services of experts, usually engineers, who are familiar with the type of product and can help the law firm investigate the occurrence to determine whether or not there was a defect. If it is determined that the product was defective, contacting local product liability lawyers is the next step.
Steve Karp and Peter Hart have handled many product liability cases over the years. Most recently Mr. Hart handled a claim where an improperly assembled display lawn chair on display at a furniture store fell apart when the customer sat in it. He sustained serious and permanent injuries as a result. It was a difficult product liability case because when the wooden chair collapsed, several pieces splintered. Our experts had to determine whether or not it was defectively assembled in the retail store where it was displayed or if it had been shipped as a defective product. Please contact us.