In a modern economy, consumers encounter hundreds of different products every day. If manufacturers were not obliged to ensure that the items they make for sale are safe for use, you can imagine that people would be getting hurt all the time.
In fact, injuries from defective products are common. If you suffered a significant injury from using a product that did not perform as it should have, a qualified personal injury attorney might be able help you pursue compensation. A York defective products lawyer at McDonald at Law could help you identify the parties responsible for your injuries and hold them accountable.
In most personal injury cases, the harmed person must prove that another party’s negligence caused their injuries. If the harm was due to a malfunctioning product, another legal option exists. The law that governs products offered for sale, called product liability law, makes manufacturers strictly liable for injuries their products cause if the product was defective when it left the manufacturer’s control.
Proving that a product was defective requires showing that the product was unreasonably dangerous when used in a manner the manufacturer should have anticipated. A claimant could show the product was defective by proving a flaw in its design, manufacture, or labeling. If a knowledgeable attorney at McDonald at Law in York could present adequate proof of a defect in a product, they need not demonstrate negligence to get damages.
The claimant must present evidence that the product could have been designed in a different way that would have been less dangerous. They must show that all examples of the product are unreasonably dangerous and that the flaw in the design was responsible for the claimant’s injuries.
The claimant must prove that a particular example of a product was unreasonably dangerous because of a problem in the production process. They must identify the production mistake that caused the item to malfunction and show that the specific example that caused the injury was produced during the flawed production run.
Labels must warn of a product’s dangers and provide instructions that allow a consumer to use it safely. If the warnings were insufficient or the label did not contain adequate instructions for safe use, the manufacturer could be liable. The claimant must show that their injuries are directly related to the absence of information on the label.
When an individual is injured and the accident was not their fault, they could seek compensation from the parties whose actions contributed to the incident. Sometimes, it could be obvious that a defective product caused the injury. For instance, if a toaster explodes and injures someone, clearly the appliance malfunctioned. Often, however, it requires some investigation to determine that a product malfunction caused an accident.
A competent lawyer with McDonald at Law could be investigating a vehicle crash or a sporting injury or almost any other kind of accident and find evidence that a product did not perform as it should have and contributed to the client’s injury. Once it is evident a defective product had a role in the accident, the investigation might focus on gathering evidence of the product defect and presenting a demand for compensation to the product manufacturer.
In most cases, the claimant and the manufacturer settle before the claimant files a lawsuit. Solid evidence that could persuade a jury might spur a manufacturer to settle a case for a reasonable amount rather than go through the uncertainty of a trial.
42 Pennsylvania Statutes § 5524 requires a person seeking damages for personal injuries to file a lawsuit within two years. If the time to file expires, the claimant loses their leverage, regardless of the strength of their evidence.
The parties responsible for causing your injuries also should pay the losses the injury caused. That is only fair, especially if the responsible party is a corporation or manufacturer that profits from the product.
Trust an experienced York defective products attorney to pursue your case with vigor until you get a settlement that provides fair compensation for your losses. Call McDonald at Law now to schedule a consultation with a knowledgeable advocate.