If you or somebody you care about has been injured as a result of a defective product in Pennsylvania, you should be entitled to compensation for your injuries and other losses. However, actually proving that an injury occurred due to a product defect can be challenging. Here, we want to discuss the importance of working with a skilled product liability attorney who can help determine liability in these cases. This article will walk through the steps an attorney will take to prove that an injury happened as a result of the product defect.
Elements Used For Proving a Product Was Defective
When working to prove that a product defect caused an injury, there are various elements that will need to be taken into account:
It needs to be shown that an injury victim suffered some sort of damage in an accident involving a defective product. Pennsylvania law will allow an individual to claim both economic and non-economic damages in product liability lawsuits, which can include medical expenses, lost wages, pain and suffering damages, property damage expenses, and more.
It has to be shown that the product had a defect. The process of proving the product defect will depend on exactly what went wrong:
- Design defect. This type of defect will occur if there is any flaw in the design that renders the product unsafe for use or consumption.
- Manufacturing defect. This type of defect occurs after an adequate design is altered during the manufacturing process, thereby rendering it unsafe for consumers.
- Advertising defect. Advertising defects revolve around a failure to warn consumers about potential hazards or how to use the product safely. This can include leaving pertinent information off of the label, including side effects, ingredients, directions, allergen warnings, and more.
After proving that a product was indeed defective, it has to be shown that the product defect directly caused the injuries to the plaintiff. This can be established in a variety of ways, including eyewitness testimony, video or photo surveillance, testimony from medical experts, medical documentation, etc.
It must be shown that the plaintiff was using the product in a way that was intended by the manufacturer or in a way that was reasonably expected to be used by consumers. If an individual is found to be using a product in a way clearly not intended to be used, this could jeopardize their ability to recover compensation.
Working With a Product Liability Attorney in Pennsylvania
If you or somebody you care about has been injured due to a defective product you have used or consumed, you need to speak to an attorney as soon as possible. A product liability attorney in Pennsylvania will use their resources to handle every aspect of your case. This will include making sure that you are evaluated by a trusted medical professional and that the product is thoroughly examined. An attorney will vigorously negotiate with insurance carriers and at-fault parties in an effort to recover maximum compensation. However, a lawyer will also fully prepare your case for trial if that is what is necessary to ensure that you recover the compensation you are entitled to.