Product Liability

In Pennsylvania, New Jersey, and much of the nation, every manufacturer and its distributor has the responsibility to sell only safe products. Unfortunately, not all manufacturers take that responsibility seriously, resulting in needless injuries or even deaths. When consumers are injured, they may feel like David taking on Goliath; however, we at Raynes Lawn Hehmeyer are here to stand by them in the fight.

We have successfully taken on some of the biggest companies in the world. We conduct extensive technical research and work with the leading experts in each field of industry. To prove our case, we reenact accidents, develop computer models, and build prototypes of safer designs. We amass volumes of documents, sharing resources with other leading plaintiffs’ firms around the country, and then computer index the documents.

In every case, in addition to seeking to ensure the financial security of our clients, we work to change the industry – to get unsafe products off the market, to improve product design, and to change work practices

Raynes Lawn Hehmeyer has been recognized as a 2018 Best Law Firm by U.S. News and World Report and has achieved a Philadelphia Metropolitan Tier 1 Ranking in the practice area of product liability litigation.

Responsible Manufacturing

Those who manufacture products for consumer use have a responsibility to ensure that their product is safe to use and free from defects. Each year, however, thousands of consumers are seriously injured due to defective products that are placed on the market.

All too often, manufacturers put their interests in maximizing profitability over consumer safety. Even so, whether the manufacturer exercised great care in delivering the final product or not, if a defective product caused harm or injury, the party at fault could be held liable.

If you’ve been seriously injured due to a product that malfunctioned or is otherwise defective, a product liability claim may be the answer. The attorneys at Raynes Law have successfully represented clients in product liability claims and may be able to help you get the compensation you deserve.

What is Product Liability?

Product liability determines what party is responsible for a defective, or otherwise dangerous product where a consumer sustained injuries. By law, a product must meet the reasonable expectations of consumers. When the product doesn’t meet those expectations and results in harm, it is unacceptable, and someone should be held accountable. 

Types of Product Liability Lawsuits

In a product liability lawsuit, the consumer may have the burden of proof to prove the defective product was a direct result of the injury. The consumer may also have to prove that the defect made the product unreasonably dangerous. Proving these two elements are critical to a successful product liability lawsuit.

Because the product manufacturing industry is so vast and diverse, there are various types of claims that may be pursued. One thing they all have in common, however, is injury by a defective product.

Three product defects that can result in a product liability claim:

  1. Design defects – occurs when the design of a product is deemed unsafe, even before manufacturing.
  2. Manufacturing defects – occurs when a defective product occurs during the manufacturing or assembling of the product.
  3. Warning defects – occurs when there is a lack of instructions or safety warnings to warn consumers of latent dangers in the product.

Who Can Be Held Liable for a Defective Product Injury?

Anybody involved in the chain of manufacturing may potentially be liable for a defective product. This may include, but is not limited to, the following:

  • The manufacturer of the product itself
  • The manufacturer of the parts
  • The party that assembles or packages the product
  • The party that installs the product
  • The wholesaler of the product
  • The retailer who sells the product to the consumer

When determining product liability for a defective product injury, liability will be dependent upon the jurisdiction in which the case was filed. Product liability is often governed by state law, and there are several factors to take into consideration when determining liability.

Additionally, the Uniform Commercial Code contains statutes that contain warranty rules that play a part in product liability claims.

What Damages Can Be Recovered in a Product Liability Lawsuit?

If a defective product has injured you, it can affect you both physically and financially. Bringing a product liability lawsuit against those who are responsible gives you the potential to recover the following damages:

  • Compensatory Damages – these damages cover medical bills, lost time off of work, as well as any property damage that may have been a result of the product defect.
  • Punitive Damages – these damages are usually granted when the conduct of the party that was held liable was so reprehensible that the courts want to be sure that they never do it again. These damages are usually limited or capped off, depending on the jurisdiction.
  • Pain and Suffering – these damages compensate you for the pain and suffering that you went through as a result of your injury.
  • Loss of Consortium – these damages award you compensation for the effect on your relationship with your spouse. Your spouse may be able to recover these damages, even though the product did not physically injure him or her.

The Attorneys at Raynes Law have recovered substantial amounts of money in verdicts and settlements for victims of product defects and were ready to do the same for you.

Are There Statutes of Limitations for Product Liability Lawsuits?

Each state has a statute of limitations that limits the amount of time you can file a case.  In some states, there is a delayed discovery rule. This rule starts the clock for the statute of limitations from the date a person first discovers the injury. The delayed discovery rule is especially important for cases where the injury isn’t immediately prevalent. For example, this rule would be important for a person who develops cancer years after exposure to hazardous material. The statute of limitations makes it essential to bring your case as soon as possible.

Why You Need to Hire a Product Liability Attorney

Defective product injuries can be severe, leaving you with expensive medical bills and causing you to be off work for an extended period of time. Many times insurance companies offer a settlement, and people accept them right away, but this is not always the best alternative. Insurance companies are often looking out for their own financial interests, so the amount they offer may not be close to what you may be entitled. This is why it is a good idea to acquire the help of an experienced product liability attorney to negotiate on your behalf.

Raynes Lawn Hehmeyer has a history of successfully receiving compensation for our clients that have been victims of a defective product. We understand what it takes to deal with large corporations and insurance companies, and we will fight to protect your rights as a consumer. Contact us today.

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