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McKarski-Law – Products Liability
When you buy a product – a car, a new medication, an appliance for your home or any other item – you expect that product to work as intended. You have the right to assume that the product is reasonably safe and that using it in the way the manufacturer intended is not going to harm you.
Unfortunately, sometimes manufacturers and distributors of products do not take all necessary precautions to ensure that their products are safe. Unsafe products in the marketplace can lead to widespread harm as users suffer serious injuries or are killed due to a product defect. For example, poorly designed cars can burst into flames when struck or can be prone to rolling over at the site of an accident. A flawed drug can cause damaging side effects that the user may not have been warned about or anticipated.
If you or someone you love has suffered injury or died as a result of a product defect, you may have the right to make a claim against the manufacturer and other parties. At McKarski-Law, our team of dedicated Bethlehem attorneys can help you seek compensation from those responsible for putting the defective product in your hands. To learn more about how we can help with your products liability claim, call us at 610-866-0198 or complete our online contact form.
Edward McKarski, Bethlehem Attorney, Advises on Products Liability Claims
A variety of parties may be responsible when a product fails to work as intended. For example, the company or individual that designed and/or manufactured the product may be held accountable and made to pay damages for injuries based on the defective product. The company or individual that made a defective part for the product may also be liable. Distributors and resellers may be subject to legal liability as well. When one or more of these entities is found liable, they may be required to pay for medical costs, lost wages, pain and suffering, emotional distress, and other damages.
In order for one or more defendants to be held responsible for product-related injuries, however, the injured victim must first show that:
- The product was used as directed. For example, someone cannot tamper with the electronics in an appliance and then sue if the appliance catches on fire.
- The product caused the injuries. This can sometimes be difficult to prove when a drug causes illness since illnesses can be caused by many factors. A Pennsylvania products liability lawyer can help to build a case.
Although proving liability can be challenging, it helps to note that the injured victim is not required to prove negligence in order to receive compensation from the manufacturer or other responsible companies/individuals. Product liability claims are governed by “strict liability” rules, which do not require proof of negligence to demonstrate liability. These rules exists, in large part, because manufacturers are able to take extra steps to ensure the safety of their products and are able to purchase insurance against product defects that cause harm.
Edward McKarski, Bethlehem Attorney
If you or a loved one has been hurt by a product, it is important to start building your case as soon as possible after an accident or injury occurs. At McKarski-Law, our Bethlehem attorneys will evaluate your case and guide you through the legal process. To learn more about how we can help, contact us today at 610-866-0198 or via our online form.