Bucks County Product Liability Lawyer

What Is Product Liability?

Product liability is the area of law that holds manufacturers, distributors, and suppliers of products responsible when their products cause injury or death. Product liability law is an important part of consumer protection. By holding sellers liable for injuries that are caused by their products, consumers can be compensated for the losses they have suffered. Additionally, defective products are often recalled, which can prevent future injuries from occurring. 

If you have been harmed by a defective product in Bucks County, product liability law can help you hold the responsible parties accountable for your injuries. Some products that can cause injuries because of their design include:

  • Airbags that explode when they deploy
  • Children’s toys with small parts that pose choking hazards for young children
  • Medical devices implanted in patients and later recalled by  the FDA
  • Motor vehicles with defective parts that cause accidents 
  • Pharmaceutical products that have dangerous side effects
  • Toxic products such as asbestos and lead paint 

Product liability law covers any type of injury that is caused by a defective product, including:

  • Burns
  • Brain damage
  • Paralysis
  • Loss of a limb

Under Pennsylvania law, the sellers and manufacturers of these faulty products are strictly liable for consumer injuries. This means that the injured person does not have to prove that the seller was negligent in order to recover damages. Instead, the injured person must prove that there was a defect in the product. A defect exists if the product does not perform as safely as an ordinary consumer would expect when used properly. 

A seller or manufacturer faces liability if: 

  • the product was defective; 
  • the defect existed when the product left the seller’s or manufacturer’s hands and 
  • the defect caused harm to a consumer. 

A product is considered defective if it does not meet every requirement necessary to make it safe for its intended use or contains any element making it unsafe for its intended use.

How to Prove the Product Is Defective After Purchase

In order to establish product liability, four elements must be present: 

  • The consumer must have suffered an injury or loss; 
  • The product must have caused the injury;
  • The product must have been defective; and
  • The product must have been used in a manner that it was meant to be used.

Product Liability Law The first element may be proven through medical records, witness testimony, or other evidence that shows that the injured person suffered an injury or loss. The second element, causation, is usually the easiest to establish.

This means that there must be a direct link between the product and the injuries sustained. It can be shown through products liability testing that a particular product is defective and caused the injury. 

The third element, defectiveness, can be more difficult to prove. A product may be defective because of its design, a manufacturing error, or its instructions. To determine whether a product is defective due to its design, some courts apply two standards: 

  • The Consumer Expectations Standard:  A product is defective in design if it does not perform as safely as an ordinary consumer would expect when used in a reasonably foreseeable way
  • The Risk-Utility Standard: A product is defective in design if the benefits of its design do not outweigh the risk of injury that this design presents. 

A product may be determined to be defective due to a manufacturing error if the product was not properly tested before proceeding to the next stage of production or if products contain incorrect ingredients that were not detected during testing. Alternatively, a product may be considered defective if the product is inherently dangerous and does not contain adequate warning labels or sufficient instructions. Some products that cause injuries because of their design include:

  • Airbags that explode when they deploy
  • Children’s toys with small parts that pose choking hazards for young children
  • Pharmaceutical products that have dangerous side effects
  • Toxic products such as asbestos and lead paint 

The last element can also be difficult to prove. For instance, products that are labeled properly and used for their intended purposes often do not result in product liability lawsuits because they did not cause any injury during normal usage. When a product is defective when used as intended, this often means that the product had an undetected defect. 

For example, if you find out after purchase that your new car has been recalled because of some faulty part and it later malfunctions leading to injury or death, then you may have a case for product liability against the manufacturer and/or distributor of the car. This can also apply to medical devices that are implanted into the body and later recalled by the FDA

How Can A Bucks County Product Liability Lawyer Help You?

If you have been injured by a defective product, a products liability lawyer in Bucks County can help you assess your case and determine whether you have a valid claim. After receiving proper medical attention for your injuries, your next thought might be, “How can I find a product liability lawyer near me?” An experienced lawyer can help you decide your next steps and determine if you have a valid claim.

Depending on the circumstances, you may be able to file a private lawsuit or you may ask the government to prosecute the product manufacturer on your behalf by filing a qui tam case. If you decide to file a qui tam case, you will be designated the “whistleblower” and earn a percentage of any recovery that is made by governmental authorities. 

Most manufacturers are insured against product liability claims, and these insurance companies have teams of lawyers who are prepared to defend the company. In these situations, it is always a good idea to have a skilled products liability lawyer on your side to level the playing field.  They can help you negotiate with the insurance company, assess whether any other parties may be responsible for your injuries, and pursue damages for things like pain and suffering, emotional distress, lost pay due to time off from work, and other financial losses. 

If you or someone you know has been injured by a defective product and would like to speak with a products liability attorney in Bucks County, please contact our law firm. Our knowledgeable attorneys will provide a free consultation and answer any questions you may have regarding your



Practice Areas

    Free Consultation

    What is 7 + 7 ?