Frequently Asked Questions About Product Liability Claims
Today, with the overwhelming emphasis on profits, many products are rushed to market without proper testing or consideration of the potential risks for injury. This page answers some frequently asked questions about product liability claims.
At the office of Aronberg, Kouser, Snyder & Lindemann, P.A., Attorneys at Law, we have protected the rights of injured people in Pennsylvania and New Jersey for more than three and a half decades.
At our office, every new client receives a free initial consultation. Contact us online or call us at 856-429-1700 (toll free at 856-429-1700) to set up an appointment.
What You Need to Know When You Have Been Injured by a Dangerous or Defective Product
Q: Who can I sue for damages when I am injured by a dangerous or defective product?
A: Anyone within the chain of distribution may be liable for injuries suffered because of the malfunction of or exposure to a dangerous or defective product. The chain of distribution includes all parties along the path that brought the product to market, from the designer to the manufacturer to wholesalers or retailers. It can also include parties that supplied components for a product as well as product engineers, consultants and sales representatives.
Q: What do I need to show to recover damages for a product liability injury?
A: Product liability claims fall into one of three categories: goods that were defectively designed, goods that were negligently manufactured and goods that failed to carry appropriate or adequate safety warnings or instructions. To succeed on any of these types of claims, you must first show that you suffered an actual injury or loss. You must then show that one of the three conditions above was present — negligent design, negligent manufacture or negligence in warnings or instructions. The alleged defect must be shown to have been the cause of your injuries, and you must demonstrate that you were using the product as it was intended to be used.
Q: What losses can I expect to recover?
A: In a personal injury action, you are entitled to both economic and noneconomic damages. Economic damages are intended to reimburse you for actual out-of-pocket expenses, such as lost wages, medical expenses and any property damage. Noneconomic damages cover less tangible injuries, including pain and suffering, mental or emotional trauma and loss of enjoyment of life.
Q: What can I expect from my insurance company?
A: Your health insurance provider should compensate you for losses in accordance with the provisions of your policy. Be aware, though, that your insurer has a vested interest in paying as little as possible to settle your claim. Accordingly, your insurance company will likely have an adjuster contact you and offer you a cash settlement. Don’t accept the settlement, and don’t cash the check without consulting with your attorney. You may lose the right to compensation for all your losses if you do.
Contact Our Office
Contact us online or call our office at 856-429-1700 (toll free at 856-429-1700) to set up an appointment. There is no charge for your first consultation.
We handle all dangerous and defective product claims on a contingency basis. We won’t charge any attorney fees unless we recover compensation for your losses.