Cataldi & Associates represents clients who were injured
by defective or dangerous products. We find that many of our clients are
unaware of the powerful protections granted them by the courts of Pennsylvania.
Product liability law was written to protect consumers from any products sold in the United States, and it stipulates the responsibilities of manufacturers and marketers in regards to the products they sell. If a product causes an injury, responsibility for the injury often rests with the manufacturer. Philadelphians and residents in the surrounding counties fall under some of the most strict products liability law in the country. This means that the manufacturer is responsible for your safety.
If a product that was unsafe or unfit for consumption has injured you, then we can investigate the responsible parties and advocate in your favor, either for a favorable settlement without court oversight, or before a judge. There are even cases where the claimant has not sustained any injury, but becomes aware of a defective product before it can do harm. In these cases, it is still possible to file a product liability suit in order to ensure that the product does not harm others in the future. In these cases, the claimant does not recover the same amount of damages, to cover medical bills, emotional trauma, and lost wages, as is the case when a a product does cause severe injury.
A product liability claim is successful when it proves three things. First, we must prove that the product was in fact defective. Second, we must prove that the defect was directly responsible for the claimant’s injuries. Third, we must provide proof that the claimant used the product in a reasonable way in order to sustain the injury.
Manufacturers produce thousands, tens of thousands, even
millions of products. And some of these are created with defects that might
cause damage. Defective cars, toys with lead paint, exposed wiring, and
prescription medications can all suffer from harmful defects. These are called manufacturing defects.
Design defects are those that are caused by faulty design. For example, Japan’s Takata Corporation was recently sued by a class action suit for its inferior air-bags, which can expel shrapnel at high speeds when they inflate.
Failures to warn include any improper labeling that does not inform the consumer of potential hazards. Prescription medications are required to warn of their harmful or dangerous side effects; in November, 2014, the manufacturers of generic Reglan faced claims that they failed to update the medication’s labeling.
If you suspect a product you or a family member has used is defective or unsafe, please fill out a free case evaluation, or call our office today.