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Defective Products: Understanding Your Legal Recourse

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December 11, 2023

If you bought a product that malfunctioned or was defective, and you were harmed by it you may be able to recover financial compensation for the harm you suffered. In Pennsylvania, you could potentially file a product liability claim. A product liability claim can account for all of the damages you sustained including the cost of the medical treatment you needed for your injuries, the pain and suffering you had to endure, and more. 

When a defective product hurts you, it can be helpful to speak with an attorney. Edelstein Martin & Nelson, LLP has an experienced team of Philadelphia product liability attorneys who are ready and prepared to provide you with the highest level of legal representation and customer care.

Understanding Your Rights When You Are Injured by a Defective Product in Pennsylvania

Defective Products Understanding Your Legal RecourseTo file a claim for compensation after a defective product injury, it is critical to know who is liable for your damages. What party or parties are responsible? In a defective product case, liability may mean that there is one or more than one party to name in a suit. For example, the seller of the product, suppliers, wholesalers, and contractors are just some of the entities that could be named as defendants in a lawsuit.

Defective product claims can fall into one of three primary categories. These are:

  1. Negligent design claims cover products that were not designed with safety in mind and are inherently dangerous.
  2. Negligent manufacturing claims cover products that were not assembled or constructed correctly. Potentially a manufacturer did not follow the approved design or a mistake was made when putting a product together.
  3. Failure to warn claims cover products that do not have appropriate warning labels to alert a consumer of a potential hazard that could cause them harm when using the product. 

When a manufacturing or design defect causes your harm, or if there was no labeling indicating risks associated with a product which is why you sustained injuries you may be able to take legal action. Figuring out what the issue with the product was that made it defective and therefore dangerous can help you determine which parties are liable. 

Defective product injuries can be very serious. They may cause debilitating or permanent physical bodily harm and they can cause various disease conditions. They can even be deadly. Due to the serious nature of product defect injuries, the cost to treat them can be significant and the emotional pain that one has to deal with can also be extensive. Therefore, filing a claim within Pennsylvania’s product liability statute of limitations is essential. Failure to file a claim by the statute of limitations will mean that your ability to recover compensation for your harm will be forfeited. Generally, you will have two years from when your product liability injury accident happened to file your claim in Pennsylvania.

Speak to an Attorney at Edelstein Martin & Nelson, LLP Today

Determining who is responsible for your damages and then building a strong product liability claim for the most compensation possible are actions that the Pennsylvania product liability attorneys at Edelstein Martin & Nelson, LLP can assist you with. For a free consultation with an attorney, please call (215) 731-9900.

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