Product Liability

Product liability refers to the legal accountability of any and all parties involved in the manufacturing and distribution of a defective or dangerous product. If you have been injured by a product – either defective or inherently dangerous – you may be eligible for compensation from responsible parties. These parties include:

• The manufacturer of the component parts
• The assembling manufacturer
• The wholesaler
• The retail store owner

All of these parties may be subject to a product liability suit. Defective products are categorized by three types:

• Design defects – Design defects exist before a product is ever manufactured. They are inherent and make the product unreasonably dangerous.
• Manufacturing defects – Manufacturing defects occur during the construction or the production of the product. In this case, few of the same products have the same defects.
• Defects in marketing – Defects in marketing include improper instructions or when the consumer is not warned of the dangers of the product.

A product does not need to be defective for the manufacturer to be liable. The product merely must be proven dangerous. Product liability can be applied to appliances, toys, car tires, cleaning products, etc., providing they were used in the manner intended.

Key elements of product liability litigation:

• Strict liability
• Negligence
• Breach of warranty
• Express warranties
• Implied warranties
• Misrepresentation

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Recent Product Liability Verdicts and Settlements

$420,000 – failure to warn, products

$300,000 – product liability

Check out our other recent settlements and verdicts

At Wilson, Johnson and Zuber, Trial Lawyers, we will take on the big corporations responsible for your pain. If you have been injured as the result of a defective or dangerous product, contact our Philadelphia office today. We will fight for you!

Strict Liability

Strict product liability applies to manufacturers, retailers, or wholesalers who profit from a dangerous or defective product, and maintains that product safety is the responsibility of those who sell and manufacture the goods. These laws exist to protect consumers from unsafe products and are not dependent upon fault. Corporations facing charges of product liability may be found responsible without negligence. Strict liability holds that manufacturers are responsible for the cost of injuries their products cause. In order for the manufacturer to be liable:

• The product must have been dangerous when it was sold. Products that are modified after purchase are not applicable to strict product liability.
• The consumer must demonstrate the product was “unreasonably dangerous” – or dangerous beyond ordinary expectations. (Strict liability product law can also apply if the manufacturer rejected an affordable safer alternative.)

Strict liability product law was designed to protect the end user from irresponsible sales and manufacturing of goods. Strict liability product cases, however, can still be complicated issues, and the regulations vary by state. One of our Philadelphia attorneys will be able to advise you if you think you have a case under strict liability product law.

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Negligence

A manufacturer is liable for its failure to exercise due care to any person who sustained injury due to the manufacturer’s negligence in:

• Designing the product
• Selecting the materials (this includes any components purchased from another seller, which are then incorporated into the finished product)
• Using appropriate production processes
• Assembling and testing the product
• Placing adequate warnings on the product, which inform the consumer of any dangers an ordinary person might not be aware of

A basic negligence claim consists of proof of:

• A duty owed
• A breach of that duty
• That the breach caused the plaintiff's injury
• An injury

If you or a loved one is the victim of product negligence or would like to know more about product liability, contact our legal team today. At Wilson, Johnson and Zuber, we will take on the big corporations responsible for your injuries. Set up a case evaluation with our Philadelphia product liability lawyers.

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Breach of Warranty

Warranties are statements by a manufacturer or seller concerning a product during a commercial transaction. Generally, a warranty is the manufacturer or seller’s promise to stand behind their product. Warranty claims focus on how product problems or issues relate to a commercial transaction. The law recognizes two basic types of warranties; implied warranties and express warranties.

Express Warranties

Express warranties are explicitly stated promises to consumers and users regarding a manufacturer or seller’s product. Express warranties are voluntarily provided by the manufacturer or seller about their product.

Express Warranties include

• Affirmations of fact, promises, or descriptions made by the manufacturer, seller, or lessor about the product, which is an element of a transaction.
• Any samples or models used during a transaction create an express warranty that the whole of the goods will conform to the sample or model.

Express warranties do not have to use formal words such as “guarantee” or “warrant,” nor does a manufacturer or seller have to have a specific intention to make a warranty. Express warranties can vary in forms, ranging from advertising claims to formal certificates. They can be made either orally or in writing.

When comparing express warranties, keep the following questions in mind:

• How long does the warranty last?
• Who do you contact to get warranty service?
• What will the company do if the product fails?
• Does the warranty cover "consequential damages?"
• Are there any conditions or limitations on the warranty?

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Implied Warranties

Written warranties are not required by law. But virtually every purchase you make is covered by implied warranties. Implied warranties, created by state laws, provide certain assurances that are presumed during the sale of products without the seller expressing promise verbally or in writing. Implied warranties include:

• Warranty of merchantability – A merchant is guaranteeing the goods are fit for the general purpose intended.
• Fitness for a particular purpose – The seller is guaranteeing that an item is fit for its designated use. This differs from merchantability in that warranties of fitness require all sellers (not just professional merchants) to know the specific purpose for which the product is to be used.

Example: If a consumer buys new tires for their bicycle after telling the store clerk that they plan to use them for mountain cycling and the tires puncture when they pass over a small rock, the tires don't conform to the warranty of fitness.

• Warranty of habitability – Warranties of habitability are implied. Applied to housing, the lessor is promising the property is and will remain suitable to live in for the remainder of the lease.

Implied warranty coverage varies state to state and can last as long as four years. Contact our Pennsylvania product liability lawyers if you would like a case evaluation.

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Misrepresentation

A manufacturer may also be held liable for misrepresentations made to a customer or user of its product if the misrepresentation causes the consumer or user to suffer some injury. A misrepresentation must be made knowingly or with reckless disregard of the facts.

In addition, a manufacturer may be liable for knowingly or recklessly omitting to tell the consumer or user important relevant facts or by concealing facts from the consumer or user.

If you have been the victim of a defective or dangerous product, contact the product liability attorneys at Wilson, Johnson and Zuber. Arrange a case consultation and find out more about warranties (both implied and expressed), misrepresentation, product liability negligence, and strict property liability, and whether you may be eligible to collect damages.

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