Injuries Caused by Defective Household Products: When Are Manufacturers Liable?

Manufacturers must create products that function as intended and without dangerous side effects. Unfortunately, there are products created with defects at the manufacturing stage. When a defective product injures you or a loved one, how can you know when the manufacturer is liable for those injuries?

In Pennsylvania, product liability cases are complicated to both evaluate and prove in a court of law. When you have suffered an injury due to a product defect, where can you turn for help?

Anthony C. Gagliano, III, Esquire, P.C., serves the interests of his clients in product liability cases. For a free consultation, please contact our office today.

Who Is Responsible for Injuries in a Product Liability Case?

In a products liability case, you cannot walk into a courtroom and spread your medical records out on the bench in front of a judge or jury. Instead, you need to follow a plan that allows all relevant parties to gain notice of your intent to pursue a product liability case.

The manufacturer of the product, the company that distributes the product, and the retailer who sells the product all must be notified of your filing a lawsuit.

From there, you must be able to prove that you were injured due to a defective product. An additional requirement of a product liability case is that you were using the product in a way that was intended by the manufacturer.

How Soon After Suffering an Injury Must You File a Lawsuit for a Defective Product?

There is a limited amount of time after suffering an injury due to a defective product for you to file a lawsuit. This is known as the statute of limitations.

In Pennsylvania, the statute of limitations requires that you file a lawsuit within two years of being injured. Product liability cases tend to have many moving parts that require a substantial amount of preparation.

An experienced product liability attorney is best suited to help you manage the initial timeline of collecting evidence and filing a lawsuit. Making a mistake early in a case can cost you both in terms of time and money. Instead of making preventable errors, choose to work with an attorney who prepares each day to fight for the rights of his clients.

What Is a Manufacturing Defect in Connection With a Product Liability Case?

Manufacturing defects involve circumstances where the basic product design is safe. However, at some point in the manufacturing process, a flaw developed, which made the product unsafe to sell to consumers. Manufacturers can make mistakes in creating the product for various reasons, such as not precisely following the instructions.

Most manufacturers have a product inspection team on staff whose job it is to review products for safety and performance prior to being sold. However, products may escape the scrutiny of a quality control team and make it onto store shelves. These products are dangerous when sold and as they are purchased.

Insufficient Warnings Regarding Possible Misuse of a Product

The vast majority of products sold to consumers in Pennsylvania are safe for use. That means if the product purchased is used in the manner in which it is intended, there should be no safety concerns.

However, it is also possible to misuse a product in a way that was not intended by the manufacturer. Many of us can recall in recent years how laundry detergent brands marketed “pods” as the next great invention to help clothes get cleaner and smell fresher.

However, laundry detergent pods were better known for looking too much like candy or any other handheld snack, resulting in being eaten by people. It got so prevalent that laundry detergent pods were becoming a staple on the evening news. Eventually, the company that produced them had to send out warnings to print media, on television, and on the internet.

What Are Some of the Most Common Products That Regularly Suffer From Defects?

Safety equipment associated with small children is, unfortunately, frequently associated with product liability cases. Car seats, pack-and-plays, cribs, and motorized bassinets are just a handful of the many children’s products that are prone to defects.

Depending on the time of the year, space heaters serve an important function for Pennsylvanians. Even when the heat is cranked up, there is a likelihood you will not be completely comfortable, especially at night. This is where space heaters play a critical role in moderating temperatures and allowing everyone in your home to make it through the fall and winter without having their toes turn purple.

Finally, consider that cleaning supplies are among the most enticing of products for misuse. This includes the aforementioned laundry detergent pods. These types of products almost always come with warnings attached to them related to how they are not intended for use. That said, their labeling, warnings, and even packaging are susceptible to defects, as well.

For a Product Liability Case, Contact Anthony C. Gagliano, III, Esquire, P.C.

When a product defect injures you or a family member, contact Anthony C. Gagliano, III, Esquire, P.C. Our team excels in preparing product liability cases on behalf of injured individuals.

With so many complex pieces of product liability occurring simultaneously, it is easy to be overwhelmed. A free consultation with our team of legal professionals can prepare you for what is to come.

Don’t take a chance with your product liability case. Trust a Montgomery County product liability attorney to guide you and your family through this difficult time toward a favorable resolution.