Philadelphia Product Liability Attorney

Product Liability Claims, Lawsuits & Class Actions

When you purchase a product, you should be able to trust that the manufacturer and associated distributors and retailers have taken the necessary measures to ensure the product is safe when used as directed for its intended purpose. Unfortunately, that is not always the reality. Each year thousands of preventable injuries and deaths occur as a result of defective products.

Our product liability lawyers in Philadelphia at Golomb Legal have recovered millions of dollars in verdicts and settlements for victims of defective products in Pennsylvania, New Jersey, and across the United States. We are ready to do the same for you. Tell us more about your case by completing a case evaluation form or dialing (215) 278-4449 now.

Types of Defective Products

Companies that design, produce, distribute, and sell a product have an obligation to consumers to ensure that product is free from harmful defects. Products must also include appropriate warnings and instructions where needed. Both concepts are the basis of product safety expectations, yet so many companies fail to adhere to them.

Golomb Legalhas successfully represented class action and individual product liability claims related to:

Dangerous drugs and medical devices: Big Pharma is one of the strongest defendants in product liability lawsuits—but not too strong for our team. Let us know if you were hurt after using an unsafe prescription drug or when a medical device like a hip implant failed. We can even see if that incident could relate to some form of medical malpractice.
Defective automobiles: Automakers must only produce and sell vehicles that meet the highest safety standards. The slightest mistake in the design and manufacturing process can result in a string of violent crashes. If your vehicle crashed and you believe it was caused by a fault with the vehicle’s design, then you should let us know right away.
Auto parts manufacturers: Not all defective automobiles are strictly the fault of the automaker. In some cases, an auto part manufacturer can sell the automaker an unsafe part that never should have been used in the first place. For example, the Takata airbag scandal from a few years ago placed the blame for the deadly defective airbags on Takata Corp., not the automakers who trusted their products in their vehicles.
Defective machinery: Heavy machinery and equipment used in various occupations can become extremely dangerous when it is made defectively. Using our vast resources and experience, we can investigate defective machinery incidents, uncover the source of the issue, and file a claim against the correct companies or parties.
Defective household items: Many of our product liability claims are filed by people who were using products in their own homes, products that often seemed completely innocuous at first until something went horribly wrong.
Children’s products: We are proud to stand up for parents of children who were injured by unsafe products and toys. From trinkets with detachable choking hazards to sleepers that can cause a suffocation hazard, we are able to bring claims for all sorts of children’s products.

Our product liability attorneys in Philadelphia are dedicated to protecting the rights of consumers. We have the knowledge, resources, and willpower to challenge pharmaceutical companies, car manufacturers, and other corporations whose negligence puts harmful products in the hands of consumers.

Negligence & Product Liability

Negligence that results in defective products reaching consumers can occur at any point between product design and the item's sale. Part of our job as your Philadelphia product liability attorneys is to figure out where that negligence occurred, which party did it, and the consequences of it.

In product liability lawsuits, negligence is typically related to:

Flaws in the design or engineering of the product prior to manufacture.
Faulty production or product assembly; the product is not made as designed.
Tampering or unintentional contamination of a product that results in danger to consumers.
Marketing defects such as inadequate safety warnings or inaccurate instructions.

More broadly, product defects can be categorized as defective:

By design: A product is defective by design if its base design is unsafe or faulty. Such products reasonably never should have reached the manufacturing step. For example, the Takata defective airbags used an unsafe chemical component in the inflator that could deteriorate with time and become highly explosive.
By manufacturing: A product is defective by manufacturing if it becomes unsafe at some point between the design step and the point of sale. When a manufacturing defect occurs, it will often affect all products in a production lot, but not necessarily all products of that type. For example, spinach batches that are recalled for e. coli contamination are technically defective by manufacturing.
By advertising: A product is defective by advertising if it becomes unsafe due to a lack of warnings, information, or instructions available to the consumer and the general public. A packaging or marketing update can remedy some advertising defects, but recalls are often still necessary. For example, the manufacturer of Zantac failed to disclose that the heartburn medication had been linked to a higher risk of certain serious illnesses.

Compensation & Product Liability Lawsuits

In any injury claim, including those involving product liability, there will be a question of compensation. How much money are you owed by a product manufacturer after it injures you due to a defect? The answer depends on the severity of your injury and losses.

In a product liability claim, you could be compensated for these damages and more:

Past and future medical bills
Lost wages
Pain and suffering
Product repair or replacement costs

It is not unusual for a product liability claim to be just one of many filed against a product maker. When a product is made unsafely, it can hurt hundreds or thousands of consumers before it is brought to light and recalled, after all. If this happens, then the claim might become part of a larger consumer class action. Successful class actions will distribute any settlement or award won among the plaintiff class somewhat evenly.

What is Strict Product Liability?

Some states and circumstances allow for strict product liability rules. Under strict product liability, a product manufacturer can be held liable for the harm caused by their product, even if the injured consumer was using the product opposite its design intentions. As long as the consumer was not intentionally trying to get hurt by the product, strict product liability rules should keep their chances to file a legitimate claim alive.

We can help prove that you were using the product in a reasonable or acceptable manner to counter any arguments that the defendant might bring. For example, we can work with a product engineer to point out faults in a product’s design, a pharmacist who can explain why a prescription drug is unsafe, and so on. We can also see if strict product liability applies to your situation.

Philadelphia Product Liability FAQ

Should I send the defective product back to the manufacturer?

If you report that you were injured by a defective product to the manufacturer, it is likely that the company will ask you to send it back so it can be inspected. Do not return the defective product to the manufacturer right away. Instead, talk to an attorney and let them inspect it, which might include working with a third-party product engineer.

Who can be held liable in a product liability case?

Potentially liable parties can include manufacturers, distributors, suppliers, retailers, and sometimes even the designers of the product.

Are pharmaceutical companies liable for negative drug side effects?

A drug maker or Big Pharma company can be liable for unsafe drug side effects in certain situations that could constitute negligence. For example, if there was inadequate testing when the drug was being designed, then the drug maker could be liable for that oversight.

What must be proven in a product liability case?

Generally, plaintiffs must demonstrate that the product was defective, the defect caused their injury or damages, and they were using the product as intended or in a reasonably foreseeable manner.

What evidence is crucial in proving a product liability claim?

Evidence such as medical records, expert testimonies, product testing reports, documentation of the defect, and witness statements can be vital in establishing liability and damages in a product liability case.

How long do I have to file a product liability lawsuit in Philadelphia?

In Pennsylvania, the statute of limitations for product liability cases is typically two years from the date of injury or discovery of the injury. It's crucial to consult with a lawyer promptly to ensure your claim is filed within the appropriate time frame.

How long does it take to resolve a product liability case in Philadelphia?

The duration of a product liability case can vary depending on factors such as the complexity of the case, the willingness of parties to negotiate, and court scheduling. Some cases may settle relatively quickly through negotiation, while others may require litigation and take several years to resolve.

What is a product liability class action lawsuit?

If enough consumers are injured or suffer a financial loss from the same product for the same reasons, then a class action lawsuit, mass tort, or another form of multidistrict litigation (MDL) could be used to resolve the legal dispute in less time. A class action specifically creates a class of plaintiffs who are represented in a single lawsuit. If the case is successful, then the entire class wins together, and any compensation is divided among the class members.

What is the worth of a product liability lawsuit?

Every product liability lawsuit will have a unique worth based on the damages suffered by the plaintiff. It is not possible for an attorney to promise a certain case value to a client, especially at the start of the case. After investigations and research, your attorney will decide on a fair amount of compensation to demand from the defendant.

Are there any government agencies in Philadelphia that regulate product safety?

Yes, the Consumer Product Safety Commission (CPSC) is a federal agency that regulates the safety of consumer products in the United States. Additionally, the Pennsylvania Department of Health and the Philadelphia Department of Public Health may oversee certain aspects of product safety within their jurisdictions.

What if the product was used in a way that was not intended by the manufacturer? Can I still file a claim?

Possibly. While manufacturers have a duty to design and produce reasonably safe products, they may not be liable if the product was used in a manner that was not foreseeable. However, if the alternate use was foreseeable or if the product failed to provide adequate warnings against such uses, you may still have a valid claim.

Get Started on Your Case Today

If you or a family member suffered harm as a result of a defective product, do not hesitate to contact Golomb Legal for your free case evaluation with a product liability attorney in Philadelphia. Although most of our clients are from Pennsylvania or New Jersey, we can help product liability clients nationwide, especially when those cases involve class action litigation. For more information, dial (215) 278-4449 now.

Get started today by calling (215) 278-4449 to schedule a free consultation with our experienced Philadelphia product liability lawyers.