Our Philadelphia Defective Products Lawyers sue companies that make and sell faulty products that harm consumers. Many of these dangerous products have caused:
- limb loss
- paralysis
- burns
- suffocation
- crushing injuries
- workplace injuries
- poisonings
- strangulation
- other serious injuries and deaths
Defective products that cause personal injuries and wrongful deaths include:
- household products, appliances, equipment, and furniture
- yard tools and lawnmowers
- playground equipment, toys, and other children’s products
- construction and workplace equipment and products
- hospital equipment, surgical instruments, and other hospital products
- medications or drugs
- cars and other motor vehicles
These cases are very complex. Defective products lawyers experienced with the nuances of product liability law are required to handle these legal actions. The Philadelphia Defective Products Lawyers at Heiligman & Mogul, P.C. can help you fight for the damages you deserve.
Key Aspects of State Product Liability Law and How a Defective Products Lawyer in Philadelphia Can Assist You
Lawsuits brought by Defective Products Lawyers in Pennsylvania may include:
- strict liability
- negligence, and / or
- breach of warranty claims
Strict Liability
Strict liability claims allow plaintiffs to recover damages from certain defendants without proving that the defendants were negligent. Persons with injuries caused by defective products can bring these claims against companies that produce and sell faulty products. A plaintiff who brings one of these claims must show that the product was “defective” as defined in product liability law. This means that the plaintiff’s defective products lawyer must show that the product contained a defect in:
- design
- manufacture, and / or
- warnings or instructions
The lawyer must also establish:
- that the defect caused the victim’s injury or death
- that it existed when the product was sold, and
- and that it existed when the victim’s injury occurred
If the plaintiff proves that one of these defects caused a victim’s injury or death, the plaintiff may recover damages from companies that:
- designed
- manufactured
- assembled
- distributed, and
- sold the defective product
Negligence
Persons with injuries from defective product may also file negligence claims against these same parties. The claims generally allege that the defendants were negligent in making or selling the product that caused someone’s harm. Negligence claims require a plaintiff to prove that the defendant(s) knew or had reason to know that the product was defective.
Breach of Warranty
Defendants may also be liable for product injuries under a breach of warranty theory. These claims generally allege that the injury was caused by the defendants’ breach of an:
- Implied Warranty of Fitness for a Particular Purpose, or
- Implied Warranty of Merchantability
Breach of warranty claims are contract claims. Contract claims generally require a closer relationship (called privity) between the parties. The relationship between a seller and buyer is an example of this privity. (Both strict liability and negligence claims are tort claims. Tort claims do not require privity.)