Everyone has bought something from an online retailer or a brick-and-mortar store that did not quite meet their expectations. Not everyone, though, has bought a product that was so severely flawed that it ended up causing them a serious injury. If you have been hurt this way, you may quickly learn that taking legal action over this injury can be complicated.
Companies that make and sell unreasonably dangerous products can often be held liable for injuries these products cause, but navigating product liability law efficiently can be extremely difficult without a skilled personal injury attorney’s guidance. Fortunately, you have help from a capable and compassionate Lancaster defective products lawyer who is ready to help you effectively demand the compensation you deserve.
There are three ways in which a product can be defective to the extent that it may be possible to file a product liability lawsuit over it with the help of a Lancaster attorney. It can be defective in design, meaning every unit ever produced is dangerous in the same way because of a fundamental flaw in how the product was conceptualized and blueprinted by its makers.
Additionally, a product can be defective in its manufacturing, meaning a specific unit or batch of units is dangerous because of an error or omission during the production process. Finally, a product can be defective in its marketing, meaning the manufacturer did not properly warn consumers about how to use the product safely or how using it improperly could lead to injury.
To sue over one of the defects listed above, an injured person must prove that the defect existed when the product in question left its manufacturer’s direct control. Additionally, the product’s condition must not have meaningfully changed between that point and when it ended up in the possession of the injured person.
The injured person or their Lancaster product liability attorney assisting them must also prove that they were injured directly and primarily because of the defect rather than anything else. They must also establish that they used the product reasonably and for its intended purpose when they got hurt.
A successful lawsuit or settlement demand over a dangerous consumer product can demand restitution for past and future damages and the injury the product caused to the injured person. This can include economic forms of harm, like medical bills and lost work income, as well as non-economic damages, like physical pain and psychological harm, as well as the costs of repairing or replacing the defective product.
Notably, 42 Pennsylvania Consolidated Statutes § 5524 gives virtually everyone injured by a defective product two years at most after initially sustaining harm to file suit over it, with or without a defective products lawyer in Lancaster by their side. There is another deadline for this type of claim called the statute of repose, which prohibits product liability claims from starting more than 12 years after the product was first purchased.
You deserve to be reimbursed for all losses you sustained because a product you thought was safe was anything but that. Getting a favorable result from a product liability claim can be difficult, especially when pursuing your case without guidance from qualified legal counsel.
To improve your chances of securing the positive outcome you want from a lawsuit or settlement demand of this nature, seek help from a seasoned Lancaster defective products lawyer. Call our firm today to set up an initial consultation.