How to Establish Liability for Dangerous and Defective Products
When you buy a product, you expect it to be safe and work as intended. Unfortunately, defective or dangerous products can cause life-changing injuries and leave families struggling with emotional, physical, and financial challenges. Victims often feel overwhelmed and uncertain about how to hold manufacturers or sellers accountable.
At Goldberg, Goldberg & Maloney, our West Chester, PA dangerous and defective products lawyer helps people in the surrounding areas pursue justice when products cause harm. We’ve seen the damage these cases bring to families and the effort it takes to recover. Reach out to us to explore your legal options.
What Makes a Product Dangerous or Defective?
A product may be considered dangerous or defective if it doesn’t perform safely when used as intended, or when foreseeable misuse occurs. These flaws can occur in several stages of the product’s lifecycle, from design to manufacturing to marketing.
Design defects: Flaws in the original product design that make it inherently unsafe. These issues exist before manufacturing even begins, meaning every unit produced carries the same hazard. Examples include vehicles with unstable structures, children’s toys with choking hazards, or medical devices designed with unsafe materials that endanger patients.
Manufacturing defects: Errors during production that cause certain items to differ from the intended design, leading to unexpected dangers. Unlike design flaws, these defects typically affect a limited batch of products. For instance, a contaminated batch of medication or improperly welded car parts can create serious risks, even if the original design was safe.
Marketing defects (failure to warn): Inadequate instructions or missing warnings about known risks that could prevent consumer harm. Even when a product is designed and manufactured properly, consumers still face dangers if they aren’t told how to use it safely. Examples include insufficient medication dosage guidelines, lack of safety gear instructions, or failing to warn about allergic reactions.
Each type of defect creates unique challenges in proving liability. That’s why working with experienced Pennsylvania personal injury attorneys is crucial. They can identify the specific type of defect and build a strong case for recovery.
Legal Theories for Establishing Liability
When a defective product causes harm, several legal theories can apply. These doctrines form the foundation of product liability claims.
Negligence: When a manufacturer or seller fails to exercise reasonable care in the design, manufacture, or distribution of a product. This may involve overlooking safety testing, ignoring consumer complaints, or cutting corners during production. Victims must show that this lack of reasonable care directly caused their injuries and resulting damages.
Strict liability: Under this theory, a company may be held responsible for a defective product regardless of whether it acted negligently. The focus is on the product’s condition, not the manufacturer’s conduct. Even if safety measures were in place, if the product caused harm, liability can still be established under strict liability law.
Breach of warranty: This involves violations of express or implied promises about a product’s safety or performance. An express warranty might include written guarantees, while implied warranties involve basic expectations of safety and functionality. When these assurances are broken, injured consumers can seek compensation based on the unfulfilled promises of the product.
Each theory requires careful evidence collection and analysis. Dangerous and defective products attorneys evaluate which legal grounds provide the strongest path to holding the responsible party accountable.
Key Evidence Needed to Prove a Case
Proving liability often depends on the quality and depth of evidence collected, which is why victims should act quickly to preserve crucial details. Medical records are particularly valuable, as they document the injury and establish its connection to the defective product.
Equally important is keeping the product itself intact, since it can be tested and examined to reveal flaws. Witness statements can also strengthen a case by providing accounts from people who observed the incident or used the product under similar conditions.
In addition, professional testimony plays a significant role, as professionals can clearly explain how the defect directly caused harm.
Collecting this evidence isn’t always simple, but your PA defective products attorneys can help. They coordinate investigations, work alongside industry professionals, and organize the necessary documentation to build a strong case for their clients.
Types of Injuries Caused by Defective Products
Injuries caused by defective products can vary widely, from minor harm to catastrophic consequences that impact nearly every part of a victim’s life. Burn injuries are often seen with faulty electronics, appliances, or industrial machinery, while fractures and crush injuries may result from defective tools, vehicles, or heavy equipment.
Defective toys or children’s products can create serious choking hazards, and toxic exposure is another risk, particularly when pharmaceuticals, cleaning supplies, or chemicals are involved. The effects of these injuries can last for years, requiring extensive medical treatment, rehabilitation, and significant lifestyle adjustments.
Victims shouldn’t be left to shoulder these burdens alone. With the guidance of product liability attorneys, individuals harmed by unsafe products have the opportunity to seek compensation and hold responsible parties accountable for their losses.
Common Defendants in Product Liability Cases
Product liability cases often involve more than one responsible party, as liability can exist at various points in the supply chain. Manufacturers, who design and produce the product, are frequently the first to be scrutinized. Distributors and wholesalers also play a role, since they’re the middle parties responsible for moving products to market.
Finally, retailers—whether brick-and-mortar stores or online platforms—can also be held accountable for selling defective items directly to consumers. By identifying every potentially liable party, victims improve their chances of obtaining full compensation. With a careful legal approach, it becomes easier to uncover where accountability truly lies and pursue justice.
Statute of Limitations in Pennsylvania
Timing is critical in product liability cases. In Pennsylvania, victims generally have two years from the date of injury to file a claim. Missing this deadline can bar recovery, no matter how strong the case.
Because some injuries aren’t immediately obvious, the discovery rule may apply. This means the two-year period begins when the victim reasonably discovers, or should have discovered, that the product caused the harm. Your dangerous products attorneys can determine whether your case meets these timing requirements and take swift action to protect your rights.
Steps Victims Should Take After an Injury
Taking the right steps after being injured by a defective product can strengthen a claim and improve chances of recovery.
Seek medical attention: Immediate care creates a record of the injury. Medical documentation provides the crucial link between the defective product and the harm it caused. Even if symptoms seem minor at first, prompt evaluation can uncover hidden issues, strengthen your claim, and demonstrate that you acted responsibly in protecting your health.
Preserve the product: Don’t throw it away or attempt to repair it. The defective product is key evidence in your case and may be tested to show design flaws, manufacturing errors, or missing warnings. Keeping it intact allows your injury attorneys to prove how it directly caused your injuries.
Document everything: Keep receipts, packaging, and any product-related materials. These items can verify when and where the product was purchased, how it was marketed, and whether it came with proper instructions or warnings. Comprehensive documentation helps reconstruct the circumstances of the incident and adds credibility to your account of the injury.
Contact experienced attorneys: Legal counsel can begin the process of investigating and filing a claim. Knowledgeable personal injury lawyers understand how to secure professional testimony, obtain additional records, and hold manufacturers, distributors, or sellers accountable. Reaching out promptly helps preserve evidence and gives your case the strongest possible foundation for success.
Acting promptly gives your case a good foundation. Each of these steps builds a clearer picture of what happened. Reach out to the experienced dangerous and defective products attorneys at Goldberg, Goldberg & Maloney today.
Damages Available in Product Liability Cases
Compensation in product liability cases often extends far beyond immediate medical bills, covering both economic and non-economic damages. Victims may recover medical expenses that include hospital bills, ongoing treatment, therapy, and rehabilitation.
They can also pursue lost wages for income missed during recovery, as well as future earnings if long-term disabilities reduce their ability to work. Non-economic damages, such as pain and suffering, account for physical pain, emotional distress, and loss of enjoyment of life.
In certain situations, punitive damages may also be awarded when a defendant’s conduct is reckless or willfully harmful. Dangerous and defective product lawyers play a vital role in identifying every category of potential damages and advocating for fair compensation on behalf of injured clients.
Contact Your Attorney Today
If you or a loved one has suffered because of a defective product, you’re not alone. At Goldberg, Goldberg & Maloney, we represent clients in West Chester, Pennsylvania, and surrounding areas who’ve been harmed by dangerous and defective products.
As experienced dangerous and defective products attorneys, we’ve led many clients through these challenging situations and worked tirelessly to protect their rights. Reach out to our team today to discuss your options and take the first step toward recovery.