You should be able to trust that the products you buy will be safe to use, but sadly, this is not always true. Manufacturers all over the country put out unreasonably dangerous products every year. Sometimes, those companies issue recalls before anyone gets seriously hurt—but other times, defective products cause severe harm to unsuspecting consumers.
Getting paid for injuries caused by a dangerous consumer product is far from a simple process, which is why you should consult the renowned attorneys at Ostroff Godshall Injury and Accident Lawyers. Founding Partner Jon Ostroff has recovered millions of dollars for the families of individuals killed or seriously injured in product liability cases involving forklifts, treadmills and other fitness or exercise equipment, ladders, and other dangerous products at home and in the workplace. Jon has also helped hundreds of clients in “misleading marketing” cases involving injuries sustained from dangerous medications. Your Norristown defective products lawyer can fight on your behalf to get you the payment you deserve.
Elements of a Product Liability Lawsuit
Defective product claims are unique compared to other personal injury claims because of the legal theories involved in these cases. While it’s possible to file a lawsuit against a product maker based on traditional negligence, it’s also possible to build a claim around a theory of “strict liability.” This allows you and your lawyer to hold a manufacturer liable for your injuries even if they didn’t do anything reckless or careless.
To win a “strict liability” defective product claim, your Norristown attorney must prove the following:
- The “defendant”—the manufacturer you’re suing—made a product that was defective in one of a few specific ways listed below
- That defect existed when the product left the manufacturer’s direct control—when it went from a factory or assembly plant to a distributor, a retail store, or another similar place
- Nobody tampered with the product or otherwise changed its condition in a significant way between when it left the manufacturer and when it came into your possession
- You were injured as a direct result of the defect
Our lawyers in Norristown can build a strong case for a defect affecting the product’s design, manufacturing, or marketing (i.e., inadequate instructions or warnings for using the product safely).
When to File Norristown Defective Product Case in Norristown
Generally, it’s best to start building a lawsuit or settlement proposal as soon as possible after you are injured by a dangerous product. Under 42 Pennsylvania Consolidated Statutes §5524, you and your product liability attorney must file suit within two years of discovering your injuries or risk losing the chance to recover any money.
In some instances, a “statute of repose” limits how long you can wait to file a defective product claim after your injuries occurred, regardless of when you first learned about them. A product liability lawyer at our firm will explain these and other important legal rules during a free consultation.
Work with a Norristown Defective Products Attorney
Product manufacturers often have massive legal teams dedicated to fighting claims against them, making it difficult to get the payments you need for your losses. Fortunately, help is available from legal professionals well-known for fighting and winning these types of cases.
At Ostroff Godshall Injury and Accident Lawyers, your Norristown defective products lawyer will fight like hell to ensure you get paid every cent you deserve for your injuries. You will not owe us anything until we win compensation on your behalf, so call today for a consultation.