Products Liability - Lawyers for Injuries in Pennsylvania
What do fast-food sandwiches, prescription medications, and industrial slitter presses all have in common? They are all "products" governed by Pennsylvania’s law of strict products liability. Anything that is manufactured and sold must be reasonably safe for its intended use. If you have sustained injury due to a defect in the design or manufacture of a product, you may be entitled to damages to compensate you for your loss.
The Pennsylvania Supreme Court has adopted the strict products liability doctrine set forth in Section 402A of the Restatement (Second) of Torts. In a Section 402A products liability case, a plaintiff must show that "a product was sold in a defective condition unreasonably dangerous to the user or consumer, and that the defect was the proximate cause of the plaintiff's injuries." Therefore, in order for there to be any recovery, the plaintiff must demonstrate not only the defective state of the product, but also that the defect was a substantial cause of the plaintiff's injuries. Additionally, the courts of the Commonwealth of Pennsylvania have specified that a product is defective when it is not fit for the intended use for which it was sold.
Even if you sustained your injury on the job so that PA Worker’s Compensation laws limit your remedies against your employer, you may still have a claim against the manufacturer, distributor or retailer of the product that caused your injuries. Determining whether a product is "defective" under Pennsylvania law is no easy question, so contact one of the attorneys at Wolf, Baldwin & Associates, P.C. to learn your rights. Our initial consultation for any injury claim is free.
Click here now to contact us and to schedule an appointment. We look forward to answering your questions and to helping you resolve your claim.
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