What Is Product Liability?
Product liability is a legal doctrine that allows individuals to pursue a claim for liability against a product manufacturer, distributor, or seller. Sometimes businesses, knowingly or unknowingly, put defective products out on the market and the product hurts someone, resulting in a product liability claim.
What Are Some Examples Of Product Liability Cases?
Some examples of product liability cases are a malfunctioning car part or a tire. In addition, medical devices have spawned many product liability cases, whether hip replacements, knee replacements, surgical mesh, or any device. Electronics, tools, and equipment are also seen frequently in product liability cases, such as lawnmowers, weed trimmers, generators, and devices with lithium batteries, just to name a few. Defective or dangerous baby products, children’s toys, playground equipment, and amusement park rides can even lead to a product liability claim.
What Are Examples Of Injuries Caused By Defective Products?
Some injuries caused by defective products include the following:
- Broken bones
- Brain injury
- And more…
What Damages Can Be Awarded In A Product Liability Case?
Typical damages awarded in a product liability case include:
- Payment for future medical expenses
- Reimbursement for lost income
- Payment for the loss of earning capacity if the injury results in a permanent or lasting injury
- Monetary damages for pain and suffering and loss of enjoyment of life
- And more…
In some unique cases, punitive damages might be available. For example, if the manufacturer knew the product was defective or dangerous and continued to put the product on the market, you may be able to recover damages to punish or deter that type of conduct in the future.
What Is The Statute Of Limitation For Product Liability Claim?
In Pennsylvania, the statute of limitations for a product liability claim is two years from the date of the injury. It is important to preserve or take a photograph or video of the product at the time of injury if you are able to do so in a safe manner.
Who’s Potentially Liable For Product Liability Claim?
Anyone in the chain of commerce may potentially be held liable for a product liability claim. This could include the manufacturer, the distributor, or the retailer. The facts of each individual case will determine which party (or parties) is ultimately responsible for the harm caused.