Can a Store be Liable for Selling a Defective Product in Pennsylvania?
When you buy a particular product the last thing that you expect is for it to hurt you when you use it the way that it was intended to be used. If a product is defective though, you may not know that it has a deficiency at the time of use, and as a result, you can end up hurting yourself badly because of the defect.
Defective products can inflict major harm to a user. They can cause considerable injuries that may be permanent or life-altering and they can even lead to death. This is why when it becomes known that a product is defective in some way, whether it be a design flaw, a manufacturing issue, or another deficiency, a product recall is a common approach to attempting to get dangerous products out of the consumer’s hands before they are hurt.
After an injury by a defective product, you may wonder what recourse you have for the damages you suffered. You may first think about taking your product back to the store where you bought it to see what they can do for your harm. But, can a store be responsible for selling a defective product in Pennsylvania?
If you or a loved one was harmed by a defective product in Pennsylvania, please reach out to a Pennsylvania defective product attorney at Edelstein Martin & Nelson, LLP. You may be able to file a product defect injury suit and obtain the compensation you need for your losses.
Are Stores Liable for Defective Product Injuries?
The product defect laws in Pennsylvania detail that a store can be liable for the damages their customer suffers from a defective product that was sold. The strict liability standard means that even though a store may not have been involved in making or distributing such a hazardous product, that does not mean that it can avoid liability when its customer is harmed by a defective product that it sold.
In order for a victim of a defective product injury incident to obtain full compensation, they must not have been responsible for causing any part of their accident. This is due to Pennsylvania’s comparative negligence rule. As a result, if a victim was at fault, their compensation would be reduced by the portion of fault that they held. That is unless the victim was found to be more than 50% at fault for causing their injury accident. In this scenario, a victim would be unable to seek any compensation for their damages.
There are several proactive steps to take after a defective product injury incident including not throwing away or getting rid of the product and its packaging, quickly seeking medical care, taking photos of the scene, and meeting with an attorney to go over your options for compensation.
Speak to an Attorney at Edelstein Martin & Nelson, LLP Today
No one expects that a product they purchased will cause them severe physical bodily harm or be deadly. But, defective products can lead to significant injuries and in the most tragic situations, death.
To schedule a free consultation with an experienced Philadelphia personal injury attorney at Edelstein Martin & Nelson, LLP, please call (215) 731-9900.