Product liability cases can be complex and challenging, particularly when it comes to determining fault. In a product liability case, a plaintiff alleges that they were injured as a result of a defective product, and they seek to hold the manufacturer, designer, or seller/marketer of the product liable for their injuries.
If you’ve been harmed using a dangerous product because someone else was negligent, you may have grounds to seek compensation for your medical bills, lost wages, and other such losses/damages resulting from your accident. You could pursue said compensation by filing a claim with the insurance of the negligent party responsible for your injuries.
However, you must first accurately identify the liable party and gather evidence indicating their negligence caused you to be harmed. Because this can be a complex task, it’s wise to enlist the help of a Pennsylvania personal injury attorney.
Product Liability Law Basics
There are three main types of defects that can lead to a product liability claim in Pennsylvania:
- Design defects: These defects occur when a product is designed in a way that makes it inherently dangerous.
- Manufacturing defects: These defects occur when a product is manufactured improperly, resulting in a dangerous product.
- Marketing defects: These defects occur when a manufacturer fails to provide adequate warnings or instructions for safe use of a product.
Determining Fault in a Product Liability Case
When determining fault in a product liability case, a personal injury attorney will typically take the following steps:
Conduct an investigation: The attorney will investigate the product, the circumstances of the injury, and any other relevant factors. This may include reviewing product manuals and warnings, interviewing witnesses, and consulting with experts in the field.
Determine the type of defect: The attorney will determine whether the defect was a design defect, a manufacturing defect, or a marketing defect. This is key to determining who may be at fault.
Identify the responsible party: The attorney will determine which party is responsible for the defect. This may include the manufacturer, the distributor, or the seller of the product.
Prove causation: The attorney will need to prove that the defect in the product was the direct cause of the plaintiff’s injury.
Prove damages: The attorney will need to prove the extent of the plaintiff’s damages, including medical bills, lost wages, and pain and suffering.
Expert Witnesses in Product Liability Cases
Expert witnesses can play a crucial role in determining fault in a product liability case. An expert witness is someone who has specialized knowledge or experience in a particular field, and they can provide testimony to help explain complex issues to a jury. In a product liability case, an expert witness might be a product engineer, a safety expert, or a medical expert. Expert witnesses can help to establish causation and prove damages, which are critical elements in a product liability case.
Contact a Pennsylvania Product Liability Attorney
Product liability cases can be complex and challenging, particularly when it comes to determining fault. A personal injury attorney will typically conduct a thorough investigation, determine the type of defect, identify the responsible party, prove causation, and strive to prove damages in an effort to help a client secure the compensation for which they may be eligible.
Have you been injured as a result of using a dangerous product in Pennsylvania? If so, our team of Pittsburgh product liability attorneys at Shenderovich, Shenderovich & Fishman is on hand to offer the representation you deserve. Learn more about how we can help by contacting us online.