There have been amazing advancements in the development of new products. And, of course, safety should always be the top priority for manufacturers to prevent injury or death to consumers. But far too often, companies cut corners when bringing a product to market.

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According to the United States Consumer Product Safety Commission (CPSC), thousands of people are injured and killed each year due to defective and dangerous products. In 2020, the CPSC reported 240,000 product recalls that included a wide range of products from household items to cars, toys, and pharmaceuticals.

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Products liability law aims to protect consumers from dangerous and defective products. It allows individuals who have suffered injuries due to a defective or dangerous product to seek compensation from the manufacturer, distributor, or seller of that product.

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According to the CPSC, the most common types of defective products that cause injuries and deaths include toys, furniture, sports and recreation equipment, vehicles, and medical devices. In 2019, there were over 161,000 emergency department visits related to toy injuries, and over 36,000 deaths due to falls in older adults related to furniture.

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Most states, including Pennsylvania, follow the doctrine of strict liability. This means that the plaintiff doesn't have to prove the defendant was negligent. Instead, the focus is on the product's safety. Under strict liability, the plaintiff must prove that the product was defective, that the defect caused their injury, and that the product was being used in a way that was reasonably foreseeable by the manufacturer. If the plaintiff can prove these elements, they are entitled to compensation for their damages, which can include medical expenses, lost wages, and pain and suffering.

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There are three types of defects that can give rise to a products liability claim in Pennsylvania: design defects, manufacturing defects, and warning defects.

 

Design Defects occur when a product is designed in a way that makes it unreasonably dangerous, even if it is manufactured exactly as intended. For example, a child's toy may be designed in a way that makes it easy for small parts to break off and become a choking hazard.

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Manufacturing Defects occur when a product is made differently than it was intended, making it dangerous. For example, a car may be designed to have brakes that work properly, but a manufacturing defect may cause the brakes to fail.

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Warning Defects occur when a product does not have adequate warnings or instructions to alert users to potential dangers associated with the product. For example, a medication may not have adequate warnings about potential side effects.

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If you or a loved one has suffered an injury due to a defective or dangerous product, you may be entitled to compensation. But products liability law is complex and requires the expertise of an experienced personal injury lawyer. If you or a loved one has suffered an injury due to a defective or dangerous product, contact The Oakes Firm as soon as possible.