The Ugly Truth About Defective Products

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( — September 13, 2016) Philadelphia, PA — Defective products are dangerous products. They cause a countless number of injuries every year. Legal rules exist regarding the responsibilities of dangerous and defective products and how an injured person can recover damages. It is known as Product liability law and is when a manufacturer or seller is responsible for putting defective products in the hand of consumers.

Different type of product defect claims

Product defect claims are broken down into three types; manufacturer defects, design defects, and instruction or warning defects.

  • Instruction or warning defects- Involve warning or instructions on the label of a product that does not let a consumer know there are certain dangers involved in its use.
  • Manufacturer defects- When a product is manufactured with a defect in its performance.
  • Design defects- A product is designed with a specific defect that will occur during normal use.

Remedies available for defective products

When a consumer purchases a defective product and it results in serious injury, the consumer is protected. There are two different types of personal injury claims that can be filed under these circumstances:

  • Strict liability- If a defect has occurred during the construction of a product, the manufacturer is ‘strictly’ liable for any damages it inflicts. It is not necessary for a plaintiff to prove the manufacturer was negligent. If the injury was due to a manufacturer defect, then the plaintiff will prevail in these cases.
  • Negligence- If proven the manufacturer breached a duty in the production of a product that caused injury, the plaintiff may be able to collect damages.

Given the cost of defective products case or products liability cases, they become viable only when there are real injuries. Cases may be filed on an individual basis or as part of a class action lawsuit where the courts find that among things, there is a real common issue as to liability and causation of injuries or damages.

Consumer rights

Federal and state laws are designed to ensure consumers rights are protected with fairness and honesty in the marketplace. It is not allowed for sellers of a product to take advantage of consumers. A basic rule for consumer transactions is that merchandise purchased has to work properly for its intended purpose. Personal injury claims can be filed by individuals or part of a class action suit with a group of people who have suffered harm from the same defective products. These cases can be expensive and are practical only when serious injuries occur.

Who to contact

Ginsburg & Associates are personal injury attorneys with more than 25 years of experience and success in the courtroom. They are able to provide personalized attention to their clients and know the laws regarding personal injury claims. They know and understand how liability laws protect consumers when a product fails to be safe.

Ginsburg & Associates have offices in Pennsylvania and New Jersey each with a team of knowledgeable attorneys specializing in personal injury claims; motor vehicle accidents, home negligence, defective products, and more. Contact their office regarding any personal injury sustained as a result of another’s responsibilities.

About Ginsburg Law

Ginsburg & Associates personal injury law firm, founded in Philadelphia, PA by Bruce Martin Ginsburg in 1980, has offices in Pennsylvania and New Jersey. Several leading personal injury trial attorneys and a knowledgeable legal team specialize in DUI and Dram Shop cases. Mr. Ginsburg and his experienced staff dedicate their time to handling and successfully trying cases in multiple states and federal court systems. Mr. Ginsburg is licensed to practice in Pennsylvania, New Jersey, New York, Colorado and California.

Ginsburg Law

2112 Walnut street
Philadelphia, PA 19103
United States
(215) 564-4400