An important part of buying products is reading the ingredients and directions for use. When you do that and follow how it’s intended to be used, pay attention to certain warning labels, and still end up with injuries that were not anticipated, you could have a defective product on your hands. These situations can be complex, but if you were injured by a product, then you could have a case.
Our Danville product liability lawyer is here to help you determine what happened and how this defective product was to blame. We’ll work to prove the manufacturer, seller, or another party was negligent, and that their negligence directly led to your injuries and damages.
Product liability claims can be complex. Let’s take a look at some of the aspects of a claim so you can fully understand what you’ve experienced and how you can get justice.
What Is a Defective Product?
After using a product that harmed you, you’re likely wondering if it is considered a defective product. It’s important to know what it means to be a defective product so that you can accurately understand what you’ve endured and whether or not you have a basis for a legal claim.
A product is considered defective when it has a faulty label, poor instructions, design defect, defective manufacturing, or false advertising through its seller. Most of these aspects go back to product manufacturers and designers. When the manufacturer or seller has knowingly created, distributed, and sold a product with defects, that’s when it’s considered defective.
Here are some examples of products and equipment that could be faulty:
- Prescription drugs
- Over-the-counter drugs
- Medical devices
- Weed killer
- Household appliances
- Power tools
- Auto parts
- Construction equipment
- Other heavy machinery
Additionally, when the defective product has caused you injuries, that’s when it verges into a legal claim. Not only was the product faulty, but it led to you suffering from injuries and other damages. That’s when you’ll need the help of a Danville product liability attorney.
We’ll be able to look into what happened and how the product caused your injury. From there, we’ll be able to determine if you have a product liability claim on your hands. Let’s take a look at the finer legal details so that you know for sure when you have a case.
How Do I Know If I Have a Product Liability Claim?
When one of the products above causes you harm, or when another product was defective and caused you damages, then you could have a product liability claim. Now that you understand what a faulty product is, you are likely wondering what a product liability case would look like and what it entails.
As with any legal claim, product liability all comes down to negligence. In these types of cases specifically, there are different types of negligence that could be present that determine what your claim entails. Here are the three categories of product liability that your claim could fall under:
- Defective Design—when the design of the product is inherently flawed or unsafe
- Manufacturing Defect—when the intended design is safe, but an error in manufacturing has created a flaw that makes the product unsafe
- Lack of Warning or Inadequate Instruction—when the marketing is flawed, and there isn’t a proper warning label, or the instructions do not accurately describe how to use the product or the dangers it could cause if used improperly
All of these defects and mistakes over the course of creating and selling a product could be chalked up to negligence. Manufacturers, designers, and sellers all have a duty of care to their consumers. By creating a faulty product, they breach that duty of care.
When those products hurt a consumer and cause injuries and subsequent damages, that’s when their negligence can be proven. Your Danville product liability lawyer is here to help you prove that the other party was liable for what happened to you through their negligence.
With an attorney on your side, you can be sure that you’ll have the full support you need in collecting evidence and throughout your claim. One of the forms of evidence they’ll look into is your injuries. Let’s take a look at how the defective product could have hurt you.
What Injuries Fall Under Product Liability?
One of the most crucial factors of your claim will be proving the injuries that you suffered resulted directly from the product’s defects. Proving your injuries ensures that you can financially recover from the damages that you’ve incurred from this harm. This can be done through medical records, bills, and your future costs of care.
You might have injuries from a faulty product, but you’re unsure if they’re common for product liability claims and wondering if they can be included in your case. Here are some of the most common injuries incurred from a defective product. They vary in severity, but nonetheless include:
- Cuts and lacerations
- Allergic reactions
- Soft tissue injuries
- Broken bones
- Traumatic brain injuries
- Spinal cord injuries
- Organ damage
If you recognize what you’ve suffered on this list, then you may have a product liability claim. Even if the injuries you incurred aren’t on this list, you still could have a case. When you have a Danville product liability attorney on your side, your questions will be answered. We’ll look into what happened to you and determine how your injuries factor into your claim.
Stapp Law, LLC Will Represent You in Your Claim
When a defective product has harmed you, you’re likely feeling vulnerable and unsure who to turn to. While you’re focusing on your physical and emotional recovery, you might think you don’t have the time or energy to take legal action. But you don’t want to wait too long—there’s a two year statute of limitations for product liability claims in Pennsylvania.
Even if you’re not sure if you’re prepared to take legal action, you should speak with our Danville product liability lawyer at Stapp Law, LLC. We’ll be able to answer any questions you have, as well as reassure you that we’ll be able to handle the legal side of things so you can focus on what really matters—healing.
Reach out to our office today so we can schedule a free consultation and discuss your potential claim right away.