Any time you buy something from a brick-and-mortar store or an online shop, you have a right to expect the product to work as advertised and will not be unreasonably dangerous to use for its intended purpose. While most products that Americans buy and use every day meet this basic expectation without any issue, there are dozens of new products that get recalled for serious defects every year—unfortunately, often not until multiple people have suffered injuries because of them.
When something you bought recently malfunctioned and caused you serious harm, you may have grounds to take legal action against the company that made or sold that product to you with a skilled personal injury attorney’s help. Even when you’ve been involved in injury litigation before, help from a seasoned York defective products lawyer can be vital to navigating all the unique rules and restrictions of product liability law in order to get paid what you deserve for your damages.
Jon Ostroff recovered $600,000 for a client who suffered from a “manufacturing defect” in a product used in his hip implant surgery, requiring him to undergo a second hip surgery to remove and replace the defective hip implant.
Filing Suit Over Specific Product Defects
While it’s possible to hold a manufacturing company liable for a specific negligent act that leads to one of their products being unreasonably dangerous, it’s much more common for defective product claims to be based on the theory of strict liability. Companies that make and sell consumer products are automatically liable for injuries suffered by consumers if all the following things are true:
- The company produced a product which had a specific type of defect in it
- The defect existed when the product left its manufacturer’s direct control
- The product’s condition didn’t meaningfully change between when it left its maker’s control and when the customer ultimately received it
- The customer suffered a physical injury requiring professional medical care as a direct result of the product’s defect
There are three ways a product can be defective in this context: by having an inherently unsafe design that makes every unit of the product ever produced dangerous in the same way, by being assembled or manufactured incorrectly, or by not including appropriate warnings about dangers associated with its use. In some cases, it may be possible to file suit over a breach of warranty as well, as a York product liability attorney can further explain.
What Damages Can You Get Paid For?
All the same types of losses that you could factor into a standard injury claim could also be recoverable through a successful defective products claim, including:
- Physical pain and suffering
- Emotional trauma and distress
- Loss of life’s pleasures
- Past and future medical bills
- Lost work wages and earning ability
- Personal property damage, including costs of repairing or replacing the defective product with a working one
Getting the money you deserve can be uniquely difficult because most major manufacturing companies dedicate millions of dollars to fighting claims. A defective products lawyer in York can help secure a successful case result, potentially by assisting you with joining or starting a mass tort claim alongside other people injured by the same product.
Contact a York Defective Products Attorney for Help
It can be hard to know what to do after getting hurt by a product you were told was safe, especially if it’s been some time since you first bought that product. Fortunately, you have help available from winning legal professionals who are well-known for helping people like you through similar situations.
A York defective products lawyer will be your ally throughout your case and work tirelessly to get you the money you need. Call Ostroff Godshall Injury and Accident Lawyers today to learn more.