Defective Product Injury
If you or a friend or family member is interested in more information concerning a defective product case, contact Horowitz & Logue at (724) 288-9750 in order to talk to one of our experienced and dedicated injury lawyers.
Defective products can be a very dangerous thing, when you are properly utilizing a product for its intended purpose, you expect it to work as advertised. Sometimes these products are defective, meaning that somewhere along the line something was not done correctly or to the correct standards and the product no longer works the way it was meant to. This can cause injuries and even death in extreme cases. Products that we may not even consider to be dangerous can become so when defective. It is important to hold the people who allow this to happen responsible so as to make sure these things do not happen again and to make sure that the victim gets their justice.
There are products that are dangerous to use to begin with, but PA law states that a product is defective if it is unreasonably dangerous when used for its intended purpose. This danger can occur for a few different reasons, including, but not limited to:
- Manufacturing defects
- Design defects
- Marketing defects
- Failure to warn
- Insufficient instructions
In these cases, the statute of limitations is only 2 years, and in most cases this starts from the time of the injury caused by the defective product. Pennsylvania does have “discovery rule” in these cases. This simply means that if the injury did not occur immediately or was not instantly recognizable, then when you realize this injury was caused by the defective product the timer begins. This often occurs in cases where chronic pains that aren’t emergent (stitches, surgery, cuts, obvious injuries).
According to the CPSC (Consumer Product Safety Commission), defective products injure on average 29.5 million people a year and kill over 22,000 people a year in the United States. These stats are shocking, and this is why we must hold the responsible parties accountable for their actions, whether it be the designer, the manufacturer or the marketing team.
When these injuries occur, it is important to obtain the product in order to prove its defective state. Often times if the product is not kept, it is easy for the defense to argue that the product may not have been defective and the victim may have mishandled it. By keeping the defective product, it can be shown and proven that this particular product was not correctly made or assembled or marketed.
These cases can fall under liability or negligence. In a liability case, a victim is simply saying the product is defective and it should not have caused the injury or damage that it did. Everyone along the line of the chain from design to selling (including the retailer who sold it) is possibly accountable in this situation. Negligence comes into effect when there is a belief that a specific party or parties knowingly distributed a product that was dangerous or defective. These cases go after that certain party or parties in order to get their compensation.
No matter what the case, defective products can be extremely dangerous and even deadly, and can come in forms that you had never thought they would. Anything from children’s toys to machinery used in factories can be defective and should be taken seriously. The parties who allow these defective products into the public need to be held accountable and victims need to have the justice and compensation they deserve. If you or someone you know may be eligible for this, please contact our knowledgeable and dedicated attorneys at Horowitz & Logue, (724) 288-9750 and schedule a consultation today.