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Philadelphia Product Liability Lawyer
A product liability claim is complex and expensive to litigate. Often times defective products can cause catastrophic and life-altering injuries and if the product manufacturer is not held accountable during the manufacturing process, they are likely to continue producing and selling dangerous products and creating marketing defects within a community.
Our Philadelphia product liability attorney takes particular pride in challenging these manufacturers and distributors of dangerous products. Product liability law is important because as a law firm, we can help protect the public by forcing big companies to design and produce safer products for everyone and avoid product defect.
If you or a loved one has suffered an injury from a product, our Philadelphia product liability lawyers can help. Our firm offers free consultations for individuals that have suffered injuries resulting from defective products. Call us to see how our lawyers can help you or your family member.
Why Choose Rosenbaum Injury Law?
Our law firm has successfully represented injury victims throughout Pennsylvania and New Jersey for more than 25 years, including clients impacted by defective products. Our attorneys are well-versed in state product liability laws and know what it takes to hold the responsible party accountable. We will ensure you recover the compensation you deserve.
- Our firm has a reputation for successfully recovering compensation for clients and is Nationally Recognized.
- We will fight for the compensation you deserve, even if that means taking your case to trial.
- We commit ourselves to each product liability case and provide the attention and care it deserves.
Case Results
At Rosenbaum Injury Law, we are proud to secure results for clients across the city of Philadelphia. Here are some results that we have obtained in the past.
$1,000,000 Pedestrian/Car Accident Settlement: A 12 year old boy was hit by a car while selling newspapers in the street. The driver was using a stolen vehicle and ran a red light, the driver had no insurance. Client sustained crush injury to his foot and had extensive surgery. We claimed the newspaper company was also responsible for allowing a child to sell papers on a busy street.
$900,000 Work Injury Settlement: A fork warehouse manager’s arm was injured by a faulty dock leveler causing a 2 thousand kick plate to fall onto his arm.
$800,000 Defective Product Settlement: A girl who got part of a finger amputated by defective toy.
Testimonials
Here’s what some of our proud clients have to say.
“I’m a typical South Philly guy who never wins….ANYTHING….BUT with Rosenbaum in my corner it made winning easy. It was almost like they were fighting for a member of their family. I felt like their little cousin cause it was as if they took it personally wanting to win as much as I did; caring about me through out, keeping me updated on the case letting me know what was done and what was going to happen.” – Adam Cotellessa
“I’d like to take this opportunity to thank the staff at Rosenbaum and Associates for their exceptional customer service, their caring nature, and their follow-through in getting my case resolved. They’ve come to be my new friends for the past 3 years, and hopefully my new business colleagues.” – Muniyr Muhammad
Product Liability Resources
To access any point on the page below, click any of the following links.
Common Defective Product Injuries
Products That Tend To Be Defective
What Types of Damages Can I Recover?
The following types of damages are recoverable in successful product liability claims:
Economic Damages
Compensation to cover the costs of any medical bills, lost wages, or property damage caused by the dangerous or defective product.
Non-Economic Damages
These damages are subjective and not easy to assign a monetary value to. Those include pain and suffering, emotional distress, loss of companionship, loss of enjoyment of life, loss of reputation, etc.
Punitive Damages
Only awarded if the court wishes to punish the defendant for extreme negligence in manufacturing a seriously dangerous or defective product. In addition to punishment, punitive damages are meant to deter others from producing, marketing, or selling faulty products.
Types of Product Defects
Essentially a product is defective when it is unreasonably dangerous. The key issue here is often the “unreasonableness” of the danger posed by the product. Many products have an inherently dangerous quality, such as a chainsaw and therefore are not necessarily defective just because they have the potential to cause injury.
Product defects that are liabilities for manufacturers as well as suppliers typically include:
- Design defects prior to product being manufactured
- Defects in the manufacturing process
- Product marketing defect problems when improper details have been given to consumers warning of dangers found in the product.
Design Defects
In design defect cases the focus will usually be on safer alternative designs to minimize the risk of injury. Testing and analysis is used weigh utility vs. risks associated with the product.
Plaintiffs are often obliged to offer alternative designs that the manufacturer could have employed, which would not have resulted in injury and which would not have affected the use of the product. The added expense of the plaintiff’s proposed alternative is also a factor in the balancing test.
Manufacturing Defects
A manufacturing defect occurs in Philadelphia when a particular product is made incorrectly during the manufacturing process, as opposed to a poor design.
You still need to show that in its condition, the product was unreasonably dangerous. The plaintiff needs to establish the defective condition upon the product leaving the manufacturer and that the product had not been altered at the point of injury.
This can be particularly difficult to prove when many businesses/people are involved in the distribution chain. The manufacturer may claim the product was altered by either the wholesaler, retailer or the consumer.
Failure To Warn
A product can also be defective if there are no warnings or inadequate warnings. Many times a product can be made safer by simply advising the consumer of the nature and extent of the risks.
In some cases, warnings are not reasonable because of how the warning was conveyed. The warning must be thorough and visible, and it must warn the consumer of the magnitude of the risk involved in not following the product’s warning instructions.
If a safer product could have reasonably been designed, then a proper warning will not necessarily relieve the defendant of liability. However, the manufacturer will often argue that the injured person ignored the warning or failed to follow the instructions.
Why You Need a Product Liability Lawyer
Proving fault in a products liability lawsuits can be a very complicated and challenging process. In most cases, it is not enough to show that a product you used resulted in injury, and you must demonstrate that the product was defectively designed, manufactured, or inadequately labeled with instructions or warnings.
A product liability lawyer can provide you with the resources necessary to investigate and collect evidence to prove your product liability claims.
Insurance companies for product manufacturers typically have teams of attorneys that can intimidate and pressure you into accepting an unfairly low settlement.
For the best chance of obtaining the compensation that you deserve, hire an experienced personal injury lawyer in Philadelphia who is skilled in negotiating and can help ensure you recover the compensation you are entitled to.
Common Injuries From Defective Products
Defective products can cause a wide variety of personal injuries that range in severity. For example:
Choking Injuries
Choking injuries are prevalent in children and can be fatal. They often happen due to small parts that break off of toys that children put in their mouths. These products are commonly considered defective when a part easily breaks off a toy that shouldn’t or when the manufacturer fails to include a warning label that the toy is only meant for children of a certain age due to a choking hazard.
Broken Bones
Severe bone fractures can happen, for instance, when a product unexpectedly breaks. For example, if a child was sitting in a high chair when one of the legs breaks, or a person falls when climbing a defective ladder, etc. Broken bones can take a considerable time to heal, and victims may require surgery, time in a cast, medications, and rehabilitation.
Burn Injuries
Burn injuries can occur when products catch fire or let off an electric shock—for example, defective household appliances like toasters, hairdryers, curling irons, vehicles, etc. When these products have faulty wiring, it increases the risk of a severe burn injury that can be excruciating. These injuries can also lead to other complications, such as infection and disfigurement.
Dangerous Drug Injuries
Defective drugs can severely harm patients, for instance, causing brain damage, heart attack, organ failure, lung problems, or death. Common causes of drug injuries include contamination during manufacturing, drug companies negligently rushing drugs to market before receiving safety approval from the Food and Drug Administration (FDA), and failing to warn of side effects or dangerous drug interactions.
Internal Damage
Internal damage is a common result of defective medical devices. For example, surgically placed devices such as surgical mesh, pacemakers, or hip replacements that fail or malfunction.
Patients can experience tremendous pain when a device unintentionally tears portions of the body, explodes, glitches, etc. When that occurs, they may be forced to go through multiple procedures to repair or replace the defective device.
Other severe injuries commonly caused by defective products include poisoning, traumatic brain injury, neck and back injuries, strangulations, spinal cord injuries, loss of vision or hearing, coma, and loss of limbs.
What Is Strict Liability in Defective Product Cases?
Most defective product cases focus on strict liability, meaning the injury victim doesn’t have to prove that the manufacturer acted negligently. Instead, a manufacturer’s duty is to ensure they produce safe products that won’t cause harm to consumers. Regardless of their intent or whether or not they exercised reasonable care when producing the product, they are liable for damages if the product causes injury. Beaching their duty to produce products that won’t cause injury leaves the manufacturer liable for the victim’s damages.
Courts in Pennsylvania typically use the answers to the following two questions to determine liability:
- Does the benefit of the product’s utility outweigh its inherent risks in a flawed design?
- Would a reasonable consumer have found the product defective if using it the way the manufacturer intended or in a reasonable manner?
If a case goes to trial and the jury is tasked with answering one or both of the above questions, their answer determines whether or not the defendant is liable for the victim’s damages. Due to the strict liability laws for defective products, a retailer who sells a defective product may also be liable for the victim’s damages.
Will I Need to Go to Court for a Product Liability Case in Philadelphia?
The vast majority of product liability claims and other personal injury cases are resolved through a settlement, without the need for a lawsuit in court.
Having an experienced attorney representing your interests helps to minimize the chances that you’ll have to go to court because a product liability lawyer thoroughly investigates all aspects of the injury and documents evidence to make a compelling case for manufacturer liability.
Then they will carefully calculate your damages and seek the maximum compensation available through direct negotiations with the manufacturer’s product liability insurance company. Only in a minority of cases in which the manufacturer disputes their liability or fails to make a reasonable settlement offer does the case proceed to a lawsuit in court, when filed within the state’s two-year statute of limitations.
Products That Tend to Be Defective
Product liability cases commonly involve the following defective product defects:
- Cars: Although vehicles must pass extensive safety evaluations, they are among the most recalled products. Many auto parts, such as brakes, seatbelts, airbags, tires, and ignition switches, are recalled, but sometimes it is the vehicle as a whole.
- Children’s Toys: Many children’s toys have an inherently dangerous design defect or are poorly labeled.
- Medical Devices: Many devices used or surgically implanted by medical practitioners to improve a patient’s health can fail and cause severe and sometimes fatal harm.
- Appliances: Common culprits include hairdryers, faulty water heaters, clothes dryers, and kitchen ranges.
- Power Tools: Faulty power tool injuries commonly occur on construction sites, in oil and gas, agriculture, landscaping and tree care, manufacturing, roofing, and home renovation.
- Prescription Drugs: Pharmaceuticals undergo extensive testing before being approved to sell, but adverse side effects are sometimes not discovered until patients take the medication.
- Food: Contaminated food is considered a defective product, and if you suffer a food-related illness, the parties involved in its chain of distribution can be held liable.
- Chemicals and Cleaning Products: Burn injuries and poisoning are often caused by improperly labeled household check calls and cosmetics.
What Should I Do After a Defective Product Causes an Injury?
Because no one plans an injury and defective product injuries happen suddenly, it’s difficult to keep a clear head in an emergency. However, taking a few purposeful steps helps you to protect yourself physically and financially as you move forward from the injury later.
After a defective product causes harm, don’t throw away the product, its packaging, or the receipt. Instead, put the product and its packaging in a plastic bag. But first, do the following:
- Call emergency services if the injury is severe, otherwise arrange transportation to an emergency room immediately after the accident
- Take photos of the product and anything relevant to how the injury occurred
- Photograph any visible injuries and any damage caused by the product
At the hospital, have a thorough medical evaluation as well as treatment for your obvious injuries. Ask the provider for a detailed medical report listing their treatment recommendations and your prognosis for recovery. Be sure to carefully follow your doctor’s advice.
Failing to follow recommendations may be used against you later. Keep careful records and receipts for your medical expenses and related costs.
Always hire an attorney with a track record of success in product liability and manufacturing defect cases to represent you before speaking to insurance representatives or attorneys from the manufacturer.
Be wary of fast settlement offers because these are almost always less than the amount you can claim for your full damages. Insurance companies commonly offer lowball settlement amounts before the victim knows the full scope of their damages.
Contact Our Philadelphia Product Liability Attorney
At Rosenbaum & Associates, our team of experienced Philadelphia personal injury attorneys can help get you the settlement you need. Machine specialists and safety engineers are essential to determine the mechanics of the accident and evaluate any safety deficiencies. If you or a loved one has been severely injured due to a defective product, call our attorneys for legal questions or a free case evaluation – use our contact form to reach us online or call (215) 569-0200.
Frequently Asked Questions
How Much Does It Cost To Hire Product Liability Lawyers?
It doesn’t cost anything out of your pocket to hire us. At our firm we take all of our manufacturing defect cases on a contingency fee basis. Meaning that if we don’t win, you don’t pay. And if we do win, we take a percentage of the settlement, depending on the complexity of your case. So you still don’t pay anything out of your pocket to hire our law firm. For more information on our contingency fees, please contact our office today.
Do I need a lawyer for a product liability claim in Philadelphia?
While you’re not legally required to have a lawyer, it’s highly recommended to consult with an experienced product liability attorney in Philadelphia regarding your product defect. Product liability cases can be complex and challenging to navigate, and an attorney can help you understand your rights, build a strong case, negotiate with insurance companies, and represent you in court if necessary.
Is there a time limit for filing a product liability claim in Philadelphia?
Yes, there is a time limit, known as the statute of limitations, for filing a product liability claim in Philadelphia. In most cases, you have two years from the date of the injury to file a lawsuit. However, it’s crucial to consult with an attorney, as there can be exceptions or variations depending on the specific circumstances of your case.
Can I file a product liability lawsuit for injuries from a prescription medication?
Yes, you can file a product liability lawsuit for injuries caused by a defective prescription medication in Philadelphia. These cases often involve claims related to inadequate warnings about potential side effects, improper dosing instructions, or undisclosed risks associated with the medication.
Locations We Serve
We serve many areas in the city of Philadelphia including:
Center City | University City | Old City | South Philadelphia | Rittenhouse Square | Fishtown | Northern Liberties | Fairmount | Manayunk | Chestnut Hill| East Falls | Queen Village | East Passyunk | Germantown | Mount Airy | Bella Vista | Passyunk Square | Logan Square | Fairmount Park | Callowhill | East Kensington | Brewerytown | Point Breeze | Spring Garden | Chinatown | Market East | Penn’s Landing | Society Hill | Templetown | West Philadelphia