Are You A Victim Of A Defective Product? You've Come to the Right Team

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Philadelphia Product Liability Attorneys

Holding Manufacturers Accountable on Behalf of Victims Throughout Pennsylvania & New Jersey

Whether at home, in the workplace, or at the hospital, we expect the products we purchase and use to be safe. We are often even more reassured when it’s a product recommended or chosen by a medical professional. If you or a loved one are harmed because of a defective product, our Philadelphia product liability attorneys at Ginsburg & Associates Trial Lawyers may be able to help. We frequently deal with failures of medical devices and implants, automobiles, airbags, tires, electrical devices, ladders, clothes dryers, space heaters and yard equipment.

Our team is proud to serve clients in Philadelphia and New Jersey. Call us today at (215) 564-4400 to schedule your free consultation.

How Do You Determine that a Product is Defective?

The products we use may be defective if the nature of their design of a manufacturing flaw makes them unreasonably dangerous. A product may also be defective if it lacks a proper warning that explains the proper use of the product or the risk of using the product.

Establishing product defects can be complex. The defect may be a support bolt that fails and cracks leading to a car or truck rollover causing serious injury. An electrical protection device may fail and cause a fire. The “defect” may also be inadequate safety precautions or proper training.

Our product liability lawyers are familiar with the experiments necessary to build your case, such as:

  • Testing medical devices and implants (such as trans-vaginal mesh implant, breast implants, and pacemakers)
  • Radiographic testing of tires to identify steel belt defects
  • Microscopic examination of failed metal components to identify inadequate metallurgical structures and compounds
  • Metallurgical stress analysis testing which explains the failure or melting of metals
  • Computer downloads of vehicle crash data from airbag systems, anti-lock braking systems, and dedicated recording devices
  • Duplicating failure modes with working product models
  • Electrical conductivity testing

These lawsuits are a serious matter and it is easy to make a small mistake that can hurt your chances of getting the compensation you are due. One of the most important things to keep in mind after being injured by a potentially defective product is to save the product. Don’t throw it away or take it apart. Without the product that caused your injury, your product liability claims may be unprovable.

Defective Brakes & Mechanical Failures

There are different types of accidents that occur due to defective brakes, resulting in injuries to the spinal cord, face or head and limbs or internal organs. Unfortunately, the impact caused in this type of incident has been known to lead to fatalities as well. This is especially the case for heavy trucks and buses, fast sports cars, motorbikes and even bicycles that have no protection on impact. There may be multiple liable parties for your injuries and losses. There could be faulty brake pads or other defective parts affecting parts of your vehicle beyond the brakes themselves.

Common causes of brake malfunctions include:

  1. Manufacturing errors in factories
  2. Improper maintenance and installation
  3. Damage during the transportation or shipping of vehicles

Pennsylvania Product Liability FAQ

What are the types of product liability?

There are three main ways that a product can be considered legally defective under Pennsylvania law. They are:
  • Manufacturing defects: The simplest type of defect occurs when there is a problem with how a specific item is made. Manufacturing defects may arise from an error in construction or assembly which makes a particular product different from others in the same line.
  • Design defects: Design defects occur when a product has an unsafe feature or lacks a feature that makes them safe for use or consumption, making the entire line of products inherently dangerous even when using the product correctly. In other words, there was no error in the product's manufacturing or assembly and the dangerous product was created as designed.
  • Marketing defects / failure to warn: Some products have certain inherent risks and require appropriate instructions and warnings on how they should be safely used, such as power tools or ladders. Manufacturers have a duty to disclose all reasonably foreseeable risks associated with the use of their products and can be held liable for injuries that result from a failure warn.

Does a product have to be recalled to be legally defective?

No. While a large number of products are recalled each year, these recalls are only issued once a dangerous feature has been discovered. Unfortunately, many dangerous products are never recalled, putting consumers at risk of severe injury. You can check to see if a product has been recalled at recalls.gov, but a recall is not a requirement for a valid product liability claim.

What compensation is available to victims injured by dangerous products?

Victims can pursue compensation for a wide range of economic and non-economic losses related to their injuries. These recoverable losses may include:
  • Medical expenses
  • Lost wages and lost earning potential
  • Pain and suffering
  • Scarring or disfigurement
  • Emotional distress

Recoverable damages are are often far greater than what victims realize. For this reason, it is important to consult with an attorney to discover your legal rights and get a more accurate representation of the value of your case.

How long do I have to file a product liability claim in Pennsylvania?

The statute of limitations for product liability claims in Pennsylvania is typically two years from the date of injury, though this deadline may sometimes be extended if the cause of your injuries was concealed or otherwise not discoverable. It is important to speak to an attorney to determine how the statute of limitations applies to your specific case.

It is important for those ultimately responsible for defective products of any kind to take responsibility. You should not have to face the aftermath on your own. Call our Philadelphia product liability attorneys at (215) 564-4400 today to get started with a free consultation.

Case Results

See What We Have Recovered for People in Your Shoes
  • Baby in Delay of C Section $15,000,000
  • Medical Malpractice $8,000,000
  • Police Negligence $3,200,000
  • Bus Accident $3,105,000
  • Pedestrian Injury $2,625,000
  • Medical Malpractice $2,000,000
  • Premises Liability $1,890,000
  • Dental Malpractice $1,550,220
  • Civil Rights Violation $1,200,000
  • Tractor Trailer Accident $1,100,000
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Why Choose Us?

See What Sets Us Apart
  • Team Approach to Handling Your Case

    Your case is given personal attention from every member of our experienced team.

  • Online Case Evaluation

    Get your case started before you leave your home; your information is completely confidential.

  • Win or It's Free Guaranteed

    We offer a No Recovery, No Fee Contingency to fight your case. You can contact us for a free consultation.

  • Multi-Million Dollar Settlements

    Our determination and relentlessness in court has resulted in multi-millions in settlements and verdicts.

Get to Know Our Attorneys

Your Legal Rights Should Not Be Infringed Upon

Put Us On Your Side

Lawsuits can be against drivers and other motorists who are involved in these accidents as well. A proper investigation by an experienced team of defective brakes lawyers will build the strongest case against all liable parties and largest potential for compensation. Without the right representation, you may fall victim once again to the team of defense attorneys on the staff of the insurance companies and manufacturers resulting in a loss of settlement.

Don't Wait. Get in Touch With Us Today for a Free Consultation.