Consumers expect that the products they buy at retail outlets will function as advertised, and they certainly do not expect those products to cause them to become hurt or ill if operated according to manufacturer’s instructions. However, in all too many cases, defective or downright dangerous products are made available for sale when the manufacturer or retailer knows full well these products are not fit for the shelves they sit on. In these cases, innocent consumers waste money on a pile of junk or worse, on a product that will cause them or their family members to become injured. If a product you bought was defective or malfunctioned in a way that led to injury—or even just serious disappointment—and you want to talk to a product liability lawyer about your legal options, contact The Law Offices of Greg Prosmushkin, P.C. for a free consultation today.
Product liability laws govern what is fit for sale to consumers
Manufacturers and retailers owe consumers a duty of care, meaning that they are obligated to only sell products that are fit for consumption. For example, if a grocer sells produce or meat that they know to have been contaminated by a toxin because they value consumer dollars more than consumer welfare and safety, the grocer can be held liable for any illness or injury resulting from the consumption of those products. Similarly, if a manufacturer knows that a child’s product they are selling under a “non-toxic” label contains ingredients known to be harmful to human health but sells those products in the hopes that the harmful ingredients will go unnoticed by retailers or consumers in order to cash in, that manufacturer can be held responsible for the injuries, illnesses or deaths that result from consumers buying and using their products.
What does NOT fall under the realm of product liability?
In some cases, consumers can come to harm from a product in a way that does not qualify them to file a lawsuit under product liability laws. For example, if a consumer buys a product and then operates it or modifies it in a manner that is not in line with normal operating instructions (i.e., modifying a butane torch to produce a larger flame) and the consumer is then injured or made ill, the manufacturer cannot be held liable for those injuries or illnesses because they did not suggest or intend for those improper operations or modifications of their product.
FAQs for Allentown Product Liability Attorney
Our Allentown product liability attorney from The Law Offices of Greg Prosmushkin, P.C., has decades of experience in protecting consumers against the harm posed by defective and hazardous products.
When an unsuspecting consumer suffers harm due to a defective product, a lawyer can help pursue a product liability lawsuit against those who were responsible for manufacturing, releasing, and selling the product that they knew or should have known posed a risk of injury to a reasonable consumer.
A manufacturer, retailer, distributor, and a number of other parties can be held liable for products ranging from defective medical equipment to spoiled foods that cause food poisoning.
Should You Join a Class-Action Lawsuit?
There are instances when joining a class-action lawsuit is the most appropriate step to take after sustaining an injury caused by a defective or inherently dangerous product.
However, there are also instances when a filing a separate product liability lawsuit is the most optimal course of action to maximize financial compensation. An Allentown product liability lawyer can review your particular case and determine whether joining a class-action lawsuit would be more cost-effective or would result in a larger settlement or award.
In some cases, pursuing an individual suit against the at-fault manufacturer and other parties makes more sense because the plaintiff can recover a greater amount than they would have they joined a class-action lawsuit that could potentially involve dozens, hundreds, or thousands of injured consumers.
Can You File a Product Liability Suit for Food Poisoning?
Yes, you can. However, not all instances of food poisoning entitle you to monetary compensation. In fact, proving that the food you consumed was a direct or proximate cause of your food-borne illness or poisoning can be tough.
That is why it is vital to build a strong legal case and present compelling evidence proving that the manufacturer, supplier, seller, or other parties in the chain of distribution failed to take reasonable steps to prevent viruses, bacteria, microorganisms, and parasites from contaminating their food.
An Allentown product liability attorney can help prove causation by collecting samples of food from the same batch to substantiate your claim. Your lawyer should be able to establish a link between the food poisoning and the bacteria or food-borne illness in your body.
What Damages Can You Seek in a Product Liability Lawsuit?
Regardless of whether you choose to pursue an individual suit or join a class-action lawsuit, you may be eligible to get compensated for these types of damages:
- Medical expenses
- Lost wages
- Emotional distress
- Pain and suffering
- Mental anguish
- Reduced earning capacity
- Loss of enjoyment of life
- Diminished quality of life
- Property damage
Typically, damages that can be recovered in a product liability lawsuit are broken down into compensatory, special, and general damages:
- Compensatory damages are intended to cover the actual amount of the injury, damages, and other incurred losses.
- Special damages are intended to compensate the victim for any calculable economic damages and out-of-pocket expenses associated with the injury.
- General damages include damages that cannot be easily calculated. In other words, these are non-tangible damages that include pain and suffering, reduced quality of life, mental anguish, and many others.
Speak to an Allentown product liability lawyer to calculate how much your case is worth and identify the full list of damages and losses that you are entitled to.
We can help with your product liability claim
At The Law Offices of Greg Prosmushkin, P.C., we have a thorough knowledge of product liability law, and we put it to use helping disappointed and injured consumers get the compensation they deserve. If you need a product liability lawyer in Allentown, contact us for a free consultation. We will fight to get you a cash settlement or a courtroom win for your product liability case. Call or click now to learn more about how we can put our legal expertise to work for you.