The people of Philadelphia rely on a wide range of consumer and industrial products in their daily lives. They use these items as intended with the belief that they are safe for public consumption. Unfortunately, dangerous defects can lead to life-altering injuries in some cases.
If you are recovering from an injury, filing a defective product claim in Philadelphia might be an option. Holding the manufacturer accountable is possible, but that does not mean this process will be easy. Call Marrone Law Firm, LLC and connect with a product liability attorney as soon as possible.
Different potential defendants might be available in these cases. It is natural to blame the manufacturer of a defective product, and they are frequently to blame for the injuries that occur. However, other parties involved in selling, storing, marketing, or transporting the defective goods might also be to blame. An attorney could identify all of the potential defendants on behalf of the injury victim.
Before filing a Philadelphia defective product claim, the injured party will first need a legal theory to rely on. Some of the options are more favorable to the plaintiff than others, but the facts of the case will largely determine which approach is available.
Many injury victims are able to pursue a lawsuit using a strict liability standard. This means that the plaintiff can prevail without evidence that the manufacturer was negligent in creating the defective product that caused the injury. This is a lower burden, as establishing that negligence occurred with a specific product out of millions that were manufactured can be difficult.
Some plaintiffs will need to pursue their claim on negligence grounds, particularly if the defendant is someone other than a manufacturer or seller. This might be more challenging to prove as there must be evidence that the defendant’s carelessness or recklessness played a part in the injury.
The final option is the breach of warranty theory. When a company manufactures or sells a product, they provide certain express and implied warranties about how that thing can be used. If the item causes an injury, a claim for breach of warranty could be appropriate.
One key aspect of filing a defective product claim in Philly is doing so in a timely manner. Just like with any other personal injury lawsuit, there is a deadline known as the statute of limitations that applies to these cases.
In general, injured people have two years from the date of the accident to file a lawsuit. There is, however, an exception that applies in cases where the consequences of the defect are not immediately noticeable. For example, a dangerous product that exposes a person to harmful or toxic substances might not result in an immediate injury but instead lead to severe health consequences over time. In those cases, the two-year window of time begins to count down when the injury is discovered or should have been noticed by a reasonable person, whichever comes first.
There are important steps to take long before filing a defective product claim in Philadelphia. You could benefit from working with an attorney early on in the process. Reach out to Marrone Law Firm, LLC right away to learn how legal counsel can help you secure the damages you deserve – we offer free and private consultations of your case.