PENNSYLVANIA DEFECTIVE PRODUCT ATTORNEYS
Even though many of the things we buy are safe and effective for their intended use, all too often a dangerous product ends up harming the very person it is intended to help. There are many potentially dangerous products, from medical devices and children's toys to cars and trucks, prescription medications and household appliances.
The Pennsylvania defective product attorneys at Schmidt Kramer are committed to holding irresponsible manufacturers and pharmaceutical companies accountable for their negligence. If you or someone you care about has been injured as a result of a defective product or medication, we may be able to help you seek the compensation you need to get back on your feet, medically and financially.
Partner Gerard Kramer is a member of the Pennsylvania Bar Association and American Association for Justice and was selected for Pennsylvania Super Lawyers® each year from 2011 to 2020.
Our experienced attorneys are prepared to review your claim and help you determine what your legal options may be. There is no risk in scheduling an initial consultation, as it is free, and our lawyers do not get paid unless we recover compensation.
Do I Have a Valid Defective Product Case?
One of the most important considerations when trying to answer this question is the type of defect that led to your injury. While there are many kinds of defects, they generally fall into one of three categories:
There is a problem inherent in the design of the product that creates an unreasonable risk of injury, even when the product is used as intended. In a defective design case, your attorney generally needs to establish:
- There was a design problem that could be considered dangerous
- The product manufacturer should have known the design was dangerous
- There was an alternative design that could have been used and it would have been cost-effective
When the product was being assembled, there was an error or oversight that resulted in a batch of products being inherently dangerous for use. For example, maybe there was a malfunction in some of the equipment used to assemble the product.
When a product lacks clear instructions or warnings about the potential dangers of use, you may have a claim against the manufacturer for failing to warn you.
There are various parties that may hold liability for a defective product injury. Manufacturers are often the ones held liable. However, other parties in the supply chain could potentially be liable, such as retail stores, wholesalers and product distributors.
Our Harrisburg defective product attorneys know how to determine what went wrong with a product, who may be responsible, and how we can help.
Contact a licensed Pennsylvania defective product lawyer at: (888) 476-0807 to learn more.
Establishing Liability for a Defective Product Injury
One of the benefits of hiring an experienced lawyer to represent your claim is that he or she can determine the legal theory of liability that may apply.
Often, attorneys apply a theory of strict liability. Your lawyer must prove the product had a defect and the defect led to your injury. When applying this theory to a case, your lawyer does not need to prove there was a breach of the duty of care in designing or manufacturing the product.
Proving an injury resulted from negligence can be much more complicated. This is the legal theory applied to most personal injury cases, and it states that the injury directly resulted from the at-fault party’s breach of a duty of care.
Sometimes lawyers assert multiple theories of liability in a product liability claim. For example, they may apply breach of warranty in addition to strict liability. Breach of warranty means an express or implied warranty on the product was not met, and this resulted in an injury.
Implied warranties apply to every product – there is an unstated expectation that a product will be safe when used as intended. Express warranties often appear on products and explain potential dangers of using the product.
Damages from a Defective Product Injury
If you suffer an injury from using a product, your attorney may be able to seek compensation for various damages suffered. Economic damages often make up the majority of damages in a personal injury claim. These are the economic losses caused by your injuries, such as medical expenses for treatment, lost wages for missed time at work, damage to property and loss of earning capacity.
There are also non-economic damages that may be available, such as pain and suffering, lost enjoyment of life (loss of ability to take part in activities you once enjoyed), and lost companionship.
In some cases, victims may be eligible to seek punitive damages. These may be available if the at-fault party displayed gross or intentional negligence and this caused your injury. Punitive damages are meant to punish the at-fault party and discourage others from engaging in similar conduct. Punitive damages are often awarded in defective drug cases and class action lawsuits. Attorneys often claim defective drug manufacturers knew of the risks of a medication because of studies or statements from the U.S. Food and Drug Administration.
You can discuss your damages with one of the Pennsylvania defective product attorneys at Schmidt Kramer in a free consultation. Schedule yours today. Call (888) 476-0807.
While some attorneys avoid the courtroom, the attorneys at Schmidt Kramer are fully prepared to go to trial. We have the resources to thoroughly investigate a claim and build a strong case. We are prepared to aggressively negotiate for compensation, but we will not accept lowball offers.
Submit our online case evaluation form today to get a call from our firm.
What is the Deadline for Filing a Defective Product Lawsuit?
Most claimants have just two years from the date of injury to file a lawsuit seeking compensation for damages. If you do not file within this two-year window, you may lose the right to do so.
While there may be exceptions to this, you should discuss the situation with a licensed attorney. He or she can determine the deadline that applies to your claim.
As the clock is likely already running on your claim, you should contact a lawyer as soon as possible. It takes time to investigate and build a strong case.
Arrange Your Free Consultation with a Pennsylvania Defective Product Attorney Today
If you or a loved one has suffered an injury as a result of a defective product, you may be eligible to seek compensation for medical expenses, lost wages and your pain and suffering. At Schmidt Kramer, we believe companies, manufacturers, distributors or others who failed to put consumer safety first need to be held accountable for their actions.
If you have been injured and have questions, schedule a free legal consultation with the Pennsylvania defective product lawyers at Schmidt Kramer. If we find you have a valid claim, we are ready to walk you through the legal process. We work on contingency, so we do not get paid unless you do first.
Our reputable attorneys have over 3 decades of experience and have recovered millions in compensation for Pennsylvania injury victims. We are prepared to pursue the maximum compensation on your behalf.
Call Schmidt Kramer for the legal help you need today: (888) 476-0807