Products Liability Attorneys in York, PA
Experienced representation when you are injured by a defective product
Manufacturers have a moral and legal obligation to make sure their products do not endanger consumers when introducing products into the market. Unfortunately, some manufacturers shirk those responsibilities or put their desire for profits ahead of their moral and ethical duties. Other times, a manufacturer is simply careless.
Products liability cases are among the most complex legal cases in our court system. They almost always involve complicated legal and factual issues. You will be faced with a manufacturer and its insurance company, both of whom have the resources to fight you at every step. If you suffered an injury or financial loss as the result of a defective product, you likely have many questions about filing a claim. The York, PA attorneys at KBG Injury Law can help.
How can we help?
- What is product liability?
- What are the different types of product defects?
- Who is liable for a defective product?
- What do I need to prove a product liability claim?
- What is the value of my York, PA product liability claim?
- What is the statute of limitations for a product liability lawsuit in Pennsylvania?
- Is there a products liability attorney near me?
What is product liability?
In the United States, manufacturers are responsible for producing safe products or products with adequate warning labels. When a manufacturer produces something that is defective or unsafe and allows that product to reach consumers, they may be liable for the resulting damages. Product liability law is meant to protect consumers.
If you suffer injury from a defective product in Pennsylvania, you may file a claim based on:
- Negligence: Under the theory of negligence, the defendant neglected their duty to provide safe products or warnings, resulting in injury or death.
- Strict liability: Under strict liability you do not have to prove negligence, as it can be extremely difficult to investigate the manufacturing process. Instead, you may claim compensation if you can prove the product was unreasonably dangerous, caused injury when used as directed and was not altered after purchase. Strict liability does not apply to entities who do not regularly rent or sell a product. For example, you likely cannot sue a neighbor for selling a defective waffle maker at their yard sale.
- Breach of warranty: The defendant violated their agreement with the buyer regarding the quality and condition of a product. This could apply in cases where you purchase an item marked as “brand new” when it was clearly used, or when a product fails to perform the action the manufacturer claimed it would.
The attorneys at KBG Injury Law can help determine under which part of product liability law your claim falls. You can leave the legal work up to us while you take the time to heal from your injuries.
What are the different types of product defects?
With all the different goods on the market, it can be difficult to tell what is considered defective and what is safe. Many products include warning labels and instructions to inform consumers of potential dangers. How do you know if a product was inadequately labeled or caused injury due to a defect? To help you determine if a product is at fault for an injury, consider the following three types of product defects:
- Design defects: Design defects occur before the product is even made, and they mean the result is inherently flawed or unreasonably dangerous. For example, if an engineer designs a seat belt that comes unbuckled when a passenger coughs, they are designing a defective product that should never make it to the assembly line. If it does, the company will face many lawsuits.
- Manufacturer defects: When one product or a few of them are produced with flaws, they are considered manufacturer defects. For example, one bicycle that had been assembled with a broken chain is a manufacturer defect.
- Marketing defects: A marketing defect is when a product does not include reasonable warning labels or instructions. For example, if an appliance does not have a warning sticker stating that it gets extremely hot when left plugged in, the appliance manufacturer might have to face a lawsuit if a consumer suffers a burn.
When it comes to products liability, it does not matter if the manufacturer, designer or marketing team had good intentions. When a product is defective, someone will be held liable for causing injury.
Who is liable for a defective product?
It can be hard to determine who is liable for a defective product. For example, you may wonder who is liable for a faulty or defective smartphone. Products go through many stages before they reach consumers, from the initial design to the moment the item hits the shelves.
Mistakes and defects may occur at any point during this process, and there may be more than one party responsible for a faulty product. Our attorneys will investigate all possibilities. These can include the:
- Quality-control engineers
To determine who is liable in your case, consult a products liability attorney at KBG Injury Law. We can determine who or what caused your injury and file a claim on your behalf.
What do I need to prove a product liability claim?
If an unsafe product has caused you or a loved one serious injury, you must be able to show the following:
- The product is defective. You must be able to show that the product is specifically defective in an unreasonable manner in order to prove liability.
- You used the product as a manufacturer could reasonably expect a consumer to use the product. You must be able to show you did not dangerously alter the product or use it in an unintended manner.
- You suffered damages or were injured. It can be frustrating to purchase a product only to find it has a dangerous flaw. However, unless you were actually injured or suffered some form of property damage or other damage as a result of the product, you do not have a claim.
- The defect in the product is what caused your injury. You must be able to show a direct link between the product defect and your injury. Our attorneys will work to prove exactly how the dangerous product caused you harm.
Often, it can be confusing for laypeople to determine whether they have evidence of a claim or not. If you have been injured by defective products, contact KBG Injury Law for a consultation. Our team can help you gather the proof you need to build a strong case.
What is the value of my York, PA product liability claim?
If you have suffered an injury due to a dangerous or defective product, you may have the right to pursue a product liability claim to seek compensation for your injuries.
A successful claim will recover damages for the economic setbacks you suffered as a result of your injury, as a means to place you in a pre-injury state. If this is not possible, then these damages attempt to give a dollar value to your injuries and offer compensation in relation to the value of those injuries.
Compensatory damages are intended to pay for lost wages, medical costs, property damage, incidental costs, and other expenses related to your accident. If you have been injured by an unsafe product, contact the York, PA attorneys at KBG Injury Law to discuss your case and to find out what the damages for which you may qualify.
What is the statute of liability for a products liability lawsuit in Pennsylvania?
In York and throughout Pennsylvania, you have two years after the date of your injury, or the discovery of your injury, to file a products liability lawsuit. If you miss this deadline, you more than likely will be ineligible to file. It is crucial to consult with an attorney at KBG Injury Law as soon as possible after your injury – remember, our consultations are free.
Certain exceptions apply to the two-year statute of limitations, including injuries to children and minors, fraudulent concealment, asbestos-related injuries, and others. We can answer all of your questions.
Is there a products liability attorney near me?
KBG Injury Law is located at 110 North George Street, in York. You can find our offices near Interstate 83 and Routes 30, 74 and 462.
Talk to knowledgeable York, PA products liability attorneys today
The lawyers at KBG Injury Law know what it takes to build a successful case. With nearly 40 years of experience in products liability and personal injury, we want to help you from the moment you file a claim to the day you resolve your case. To schedule a consultation with our trusted attorneys, call us at 717-848-3838 or toll free at 800.509.1011 or fill out our contact form. We have offices in York, Lancaster, Harrisburg, Hanover, and Gettysburg, and help clients and families throughout South Central Pennsylvania.