Products Liability

Home > Products Liability

Products Liability Attorneys

What happens if I'm injured as a result of a defect or safety issue in my vehicle?

When we're driving on a highway, surrounded by other people, we know that our health, safety, and well-being depends not only on the actions of the other drivers, but on the actual vehicles themselves. What happens if a defect or a safety hazard in one of those vehicles causes an accident that injures you?

No vehicle is ever going to be perfect.  But there's a difference between a vehicle being imperfect and a vehicle having a dangerous defect that renders it unfit for its intended purpose. For instance, brakes that fail without warning and despite maintenance can cause serious injury or death. Defective airbags can cause your injuries to be aggravated instead of mitigated. Defective tires, fuel tanks, or structure can not only fail to protect you from an accident, but can themselves cause catastrophic accidents.

The law protects victims who are injured by defective products. Whether it's a manufacturing defect, lack of adequate warnings or instructions, or a defect the product suffered after its manufacture, the law provides recourse for those who suffer as a result.

If you or a loved one have suffered an accident that you feel was caused by a defective product, contact Cohen, Feeley, Altemose & Rambo at (610) 625-2100 for a free consultation. Our attorneys are experienced with these kinds of cases and are ready to ensure that you are afforded justice for your injuries.

Products Liability Frequently Asked Questions (FAQs)

1.    What does the term "product liability" mean?

Product liability refers to a type of case where a person was injured by a defective or dangerous product, and brings a claim against the manufacturer, seller or supplier of that product. The product can be defective or dangerous because of its manufacturing, design, because it was altered by a seller, or where there was a failure to warn. Product liability cases are extremely complex and challenging, and subject to very specialized and complicated law.  If injured by a dangerous or defective product, you should contact an experienced personal injury attorney.

 

2.            I was injured by a product. What should I do?

You should seek medical care, document the injury and your claim, and consult with an experienced personal injury attorney.  Product liability cases are extremely complex and challenging. Cohen, Feeley, Altemose & Rambo has decades of experience in representing plaintiffs in products liability cases, and our consultations are always free with no obligation.

 

3.            What is a products liability claim?

A products liability claim is one brought by a person who was injured by a defective or dangerous product.  The claim is brought against the manufacturer, seller or supplier of that product. The product can be defective or dangerous because of its manufacturing, design, because it was altered by a seller, or where there was a failure to warn. Product liability claims are extremely complex and challenging, and subject to very specialized and complicated law. If injured by a dangerous or defective product, you should contact an experienced personal injury attorney.

 

4.            Who should a products liability lawsuit be made against?

A products liability lawsuit is brought against the manufacturer, designer, seller or supplier of a defective or dangerous product that has caused injury.  

 

5.            Who is liable if I am injured or damaged by a defective product?

The manufacturer, designer, seller or supplier of a dangerous or defective product is liable for injuries caused by that product.  

 

6.            Is products liability the same as negligence?

Negligence and products liability are two different ways in which the manufacturer, designer, seller or supplier of a dangerous or defective product can be held liable for the harm it caused.  These types of cases are extremely complex and challenging, and subject to very specialized and complicated law. If injured by a dangerous or defective product, you should contact an experienced personal injury attorney.

7.            What is a litigation attorney?

A litigation attorney is an attorney who handles contested cases in court. This is opposed to a transactional attorney, who may spend most of their time drafting documents for clients.

8.            What must I prove in order to win my defective product liability lawsuit?

You must prove that the product was defective under Pennsylvania law and that its defect caused you to suffer injuries.

9.            What are the steps I need to take after an accident or sustaining an injury from a defective or dangerous product?

 

You should seek treatment promptly and consistently. You should document everything you can about the accident, including the serial number, make, and model of the product that injured you. You should preserve (keep) the product that caused you injury or ask that it be preserved and kept in the same condition. You should also consult with an experienced personal injury law firm as soon as possible to learn your options. Consultations with Cohen, Feeley, Altemose & Rambo are always free with no obligation.

10.          How do I know how much my products liability claim is worth?

The value of your products liability claim depends on many factors.  First is the nature of the defect or dangerousness of the product that harmed you.  Second is the injury it caused you, and the medical treatment for that injury.  Finally, the extent and nature of your damages, including things like income loss, physical disability, pain and suffering, scarring and permanent injury, and the amount of medical bills, are all part of the determination of the worth of value.  Products liability claims usually involve very serious physical injuries or even death, and are challenging and complicated.  You should consult with experienced product liability attorneys as soon as possible. 

 

11.          What if the claims adjuster denies coverage?

 

  The role of an insurance adjustor is to make the best deal possible for their client, the insurance company and defendant.  They may deny your claim, believing that you will not hire an experienced attorney to represent you.  Whether you have been injured by a defective or dangerous product, or in any personal injury action, you need to make sure you have experienced personal injury attorneys on your side.  Our job is to investigate and fight the insurance company who has wrongly denied you coverage.  

 

12.          How does settlement negotiation work?  

Settlement negotiations should only take place once the injured party knows the extent and nature of their injuries and damages, their future prognosis and risks into the future, and the opinions of their medical providers or other experts on these questions. Typically, a demand for settlement is made along with a review of the evidence supporting the claims, and a demand made for payment.  Settlement negotiations can occur at any time, whether the parties are in litigation or not.  Always be aware that once you agree to a settlement, that agreement is final, so it is important to make sure that the value of your case is fully supported with expert, medical and other evidence.  There are many pitfalls for an inexperienced person trying to settle a case without knowledge of the law, the way things are valued, and the legal proofs that may be needed or available.  In products liability cases, or any personal injury case, it is important that you have an experienced attorney fighting for your rights.

 

13.          What kinds of compensation can I ask for in my defective product liability claim?

All civil personal injury actions, including defective product cases, award monetary damages as compensation.  Such damages compensate you for all economic and non-economic harm you have suffered in the past or will suffer in the future as a result of your injuries from the defective product. A different kind of damages, called punitive damages, are given to punish a defendant for reckless or egregious behavior. 

 

14.          Can I sue if a pharmaceutical drug I took causes negative side effects?

You may be able to sue the drug manufacturer for the harmful side effects you experienced due to a pharmaceutical drug you took.

 

15.          What options are available to me if I have been injured by a product?

You may have a claim against the seller, manufacturer, designer, seller or supplier of the product that harmed you. Products liability cases can be complicated and costly. You should consult with an attorney experienced in products liability cases to know your options. Consultations with Cohen, Feeley, Altemose & Rambo for trucking accidents are always free with no obligation.

 

16.          How do I know if I can sue based on a product supplier's breach of warranty?

Breach of warranty claims depend on the terms of the warranty, which are like a contract.  In general, if the product becomes defective in violation of the warranty, and the supplier refuses to honor that warranty (such as by replacing the product or refunding your money), you would have a breach of warranty claim.

 

17.          What are implied warranties?

An implied warranty of merchantability is an “automatic” warranty that the item you’re purchasing is fit for its intended use. “As is” products have no such warranty. A water bottle that cannot hold water is a product that is unfit for its intended use. 

 

18.          Can I bring a product liability claim if I was injured by a product I borrowed and did not pay for myself?

Yes. The fact that you borrowed a product doesn’t change whether it was defective for its intended use. 

Learn more about coronavirus (COVID-19) Legal Matters and Resources

Footer-Image-for-Cohen-Feeley.jpg

MAIN OFFICE 2851 Baglyos Circle, Suite 200, Bethlehem, PA 18020

Get Directions

STROUDSBURG, PA 706 Monroe St., Stroudsburg, PA 18360

Get Directions

WHITEHALL, PA 352 Fifth St, Suite C

Whitehall, PA 18052

Get Directions

© 2020 by Cohen, Feeley, Altemose & Rambo.

  • LinkedIn
  • Instagram
  • YouTube
  • Facebook
  • Twitter
Cohen Feeley Altemost Rambo Law Firm Bet
Call Today for a FREE Consultation