This is an image of three toy automobiles. Mooney and Associates helps people injured through poorly designed and poorly manufactured products.The products you buy and use should be reliable and safe.  Often people are injured because a product manufacturer puts a product on the market that has a flawed design, is not manufactured properly, or is not produced with adequate warnings.  Suffering a personal injury or economic loss because of defective product may entitle you to compensation.

“Product liability” is the general legal term for laws that protect consumers from harm caused to them by products sold in the United States.  Under the protection of product liability law, consumers often are able to recover monetary damages stemming from injuries sustained as a result of defective or dangerous products.

Pursuant to Pennsylvania’s product liability laws, the manufacturer and supplier essentially guarantee product’s safety once it is on the market and being used by consumers.  All products which may reasonably cause some harm when used should have clearly labeled warnings.  The failure to provide adequate warnings may constitute a defective product, even if the product is used in a normal manner.

Product liability claims generally fall into three categories:

  • negligence
  • strict liability
  • Breach of warranty

A negligence claim consists of:

  • A duty by the manufacturer;
  • A breach of that duty;
  • A causal connection between the breach and a resulting injury to a victim; and
  • Damages (injuries).

A product liability negligence claim usually falls into one of three possible types:

  • Manufacturing Defects;
  • Design Defects;
  • Failure to Warn.

With Strict Liability claims the focus is on the product itself.  The basic element of this type of claim is proof that the product is defective or dangerous.  Similar to negligence claims, strict liability claims look at a product’s warnings, design, and manufacture.  Most of the tests used to determine whether a product is defective focus on the consumer’s expectations, whether there is a safer design alternative, whether the manufacturer properly balanced the product’s risk versus its utility, and whether the dangers were obvious to the consumer.  To win a strict liability claim, you must prove that the product had an unreasonably dangerous defect that caused your injury and that the fault occurred during the product’s design, manufacture, or during shipping or handling.  You must prove that the defect caused your injury even though you were using the product in the way the manufacturer said it was intended to be used and that no substantial changes occurred in the product from its original purchase condition.

Warranties are guarantees (express or implied in law) that the product will be able to be used as promised or as should be reasonably expected.

Because product liability laws can be so complex, it is often a good idea to contact an experienced law firm if you or someone you love has been injured.  It is important that you contact an attorney as soon as an injury caused by a defective product has occurred.  Time for filing claims and lawsuits is limited.  If you fail to present claims or file suit in the appropriate court within the time deadlines, you may be forever barred from pursuing your claims.  Contact Mooney & Associates for a free evaluation of your product liability injury case.

When your future is at stake, contact Mooney & Associates. The attorney you choose does make a difference.