Pittsburgh Product Liability Attorneys

Examples of Product Defects

Product liability is a legal concept that holds product manufacturers, distributors, and sellers liable for any personal injuries or damages resulting from a product defect.

Although product defects can take many forms, there are four main categories that most can be sorted into, including:

• Design defects: Design defects refer to flaws in the overall design of a product that make it inherently unsafe for its intended use, even when it is properly manufactured and assembled. 
• Manufacturing defects: Manufacturing defects refer to errors in the actual construction or assembly of a product, leading to an unexpected malfunction or danger for consumers. 
• Mechanical defects: When a mechanical part, moving part, or electrical component of a product fails and causes a consumer injury, it could be considered a mechanical defect. Depending on what led to the mechanical failure, the defect could technically be a design defect or a manufacturing defect.
• Marketing defects or failure to warn defects: When there are insufficient warnings or instructions on products with potentially dangerous features, the product could be considered defective through marketing errors or a failure to warn.

Plaintiffs seeking recovery under product liability laws must typically demonstrate how a product defect caused their injury or loss before they can recover damages from the responsible party. In Pennsylvania, plaintiffs who have suffered harm due to these types of defective products may be able to pursue compensation through several different theories, including negligence and strict liability claims.

For instance, negligence claims allege that defendants failed to act with reasonable care while dealing with an issue related to their product. In contrast, strict liability claims allege that defendants are responsible simply because they sold a defective product. Our Pittsburgh product liability attorneys are ready to handle any kind of case for you.

Common Examples of Defective Products

Common examples of defective products that can lead to product liability and personal injury cases include motor vehicles, medical devices, dangerous toys, construction tools, and defectively designed electrical appliances. Automobiles are one of the most common product liability cases due to their complex technology and frequent product recalls. In product liability cases, it may be decided that a product was designed defectively, manufactured improperly, or failed to include necessary warning labels.

Other product-related injuries include slips and falls due to poorly designed staircases, medical device malfunctions, or malfunctioning power tools. Regardless of the product type, you may be eligible to receive compensation if you’ve been injured due to someone else’s product negligence. If you have experienced a product-related injury, seeking legal assistance as soon as possible is vital to protect your legal rights and interests.

Chemical Exposure Caused by Dangerous Products

Some consumer products are dangerous in unexpected and more subtle ways than most, such as those that create an unsafe risk of chemical exposure. When a product manufacturer sells a chemical-based product, it must do so responsibly. Shortcuts can make chemical exposure risks greater than they could have been, and a lack of safety information puts consumers in an unfair position of using a product without knowing what harm it can do.

Roundup is perhaps one of the most recent and infamous examples of chemical-based products that led to serious injuries and product liability claims. The weed killer was linked to non-Hodgkin’s lymphoma and other cancers when used regularly, but especially when used for years by agricultural and landscaping workers. In many complaints against Roundup’s manufacturer, it was argued that the company knew of the weed killer’s cancer risks but intentionally failed to warn consumers.

Other examples of hazardous products that could lead to chemical exposure lawsuits include:

• Pesticides and herbicides
• Industrial solvents and paints
• Household cleaning supplies
• Products with asbestos, lead, or PFAS (forever chemicals)

At Friday & Cox LLC, we can handle any product liability case, including those that involve unsafe chemical products and chemical exposure. We can work with third-party experts to learn more about the history of the product, the illnesses it might cause, what alternative substances the manufacturer could have considered when making it, and more. Each step we take has one goal: bringing you closer to a recovery.FAQs About Product Liability Claims in Pittsburgh.

Product Liability FAQ

What is product liability?

Product liability refers to the legal responsibility of manufacturers, distributors, suppliers, and retailers for injuries or damages caused by defective products they produce or sell. This responsibility is most commonly fulfilled by providing injured consumers with financial compensation.

What is “strict liability” in product liability cases?

Strict liability can hold manufacturers and sellers responsible for injuries caused by their products, regardless of whether they were negligent when designing, making, or selling the product. In Pennsylvania, strict liability is a common standard in product liability cases.

How do I prove liability in a product liability claim in Pennsylvania?

Usually, to prove a product liability claim in Pennsylvania, you need to demonstrate that:

• The product was defective or unreasonably dangerous.
• The defect caused your injury or damages.
• The product was being used as intended or in a foreseeable manner at the time of the injury.

Do I have to prove the manufacturer was negligent?

In many product liability cases in Pennsylvania, you do not have to prove negligence because of the doctrine of strict liability. Under strict liability, you need to show that the product was defective (in design, manufacture, or warning) and that the defect caused your injury when the product was being used as intended or in a foreseeable way. That said, depending on the specific case, negligence claims may also be used, especially when proving how the defect occurred or whether warnings were adequate. Hiring a lawyer can help sort out which legal theory (or theories) apply to your situation.

Who can be held liable in a product liability claim?

Potentially liable parties in a product liability claim include the manufacturer, distributor, retailer, and the product designer or component suppliers, depending on the circumstances of the case.

What damages can I recover in a product liability claim?

Damages in a product liability claim may include compensation for economic losses like past and future medical expenses, as well as past and future lost wages. Non-economic losses are generally allowed in these case types, too, such as pain, suffering, loss of enjoyment of life, and other hardships. In rare cases, punitive damages meant to punish the responsible party for particularly egregious conduct could be approved by the court.

How long do I have to file a product liability claim in Pennsylvania?

In Pennsylvania, the statute of limitations for filing a product liability claim is generally two years from the date of injury. However, there can be exceptions that reduce this time limit further, so you should always talk to an attorney as soon as possible.

Can I still file a product liability claim if the product is very old or has been discontinued?

Yes, in many cases you can. Whether the product was defective and how that defect caused your injury is more important than the relative “newness” of the product in question. Even if the manufacturer no longer produces the product or it has been discontinued, the maker, distributor, or prior seller may still be responsible. It’s important to act quickly, though, because gathering evidence (like maintenance records, service data, or product samples) becomes harder over time.

What if I misused the product? Does that prevent me from having a valid claim?

Not necessarily. A key part of a product liability claim is whether the product was used in a way that was reasonably foreseeable. Manufacturers must anticipate some kinds of misuse. For example, giving warning labels for obvious misuse scenarios. If you used the product in a non‐foreseeable way, or in a way that clearly violates safety instructions or warnings, it might weaken your claim, but don’t assume you have no options. Talk to an attorney from our firm to learn if you can still file a claim.