When you buy a product, you assume that you can use it safely for its marketed and intended purpose. If you follow user instructions and get injured while using a faulty item, you may have a claim against the manufacturer or seller.

Defective products are not fit for their intended use. Not every flaw is dangerous or leads to injuries—some make the merchandise unusable. Personal injury claims for faulty goods require their defect to lead to an illness or injury.

A King of Prussia defective product design lawyer could determine whether you could file a claim for an injury caused by merchandise. Speak with one of our knowledgeable product liability attorneys today to learn more.

What Types of Products Can Be Defective?

Any item sold and marketed to people can be defective. It does not have to be an artificial product. For example, when a batch of produce is contaminated with an infectious disease, someone who becomes ill as a result can file a faulty product claim.

However, for the manufacturer to be liable, they had to have had some control over the product’s design. These cases would not generally apply to something like bagged merchandise. Instead, they would be far more applicable to electronics or toys. A few examples of items that can have a defect include the following:

  • Toys
  • Auto parts
  • Heavy machinery
  • Tools
  • Clothing
  • Medical equipment
  • Furniture

It is important to note that for a product to be labeled defective, it must have been designed or marketed that way. Considering the marketing element, especially with children’s merchandise, is vital.

Many toys are safe for older kids, but not toddlers and babies, because of choking hazards related to loose parts. A toy designed for younger children with loose pieces would have a defective design, while a toy for older kids with the same parts would not.

A King of Prussia attorney could examine the facts of a case to determine whether someone has a potential claim for a flawed product design. They may examine the item’s interworkings and compare it to similar goods, as identifying the safety risk helps support a claim.

Establishing Liability in Defective Product Design Cases

A faulty product design case must meet certain requirements to establish that the manufacturer is liable. The plaintiff must prove to the court that an alternate design would have been safer for the product.

While they do not have to demonstrate negligence, recklessness, or intentional wrongdoing to prove their claim, showing any of these elements can increase the likelihood of recovery and may result in punitive damages.

In addition, Pennsylvania Consolidated Statutes, Title 42, § 5536 sets a 12-year deadline from when the item was created to file a lawsuit in these types of cases. A King of Prussia lawyer could help their client file a defective product design claim on time and with the proper documentation.

Consult a King of Prussia Defective Product Design Attorney Today

When you are injured because of a product flaw, you may be entitled to compensation from the manufacturer, distributor, or seller. Determining the proper party or parties to sue depends on the nature of the injury and how it occurred.

Schedule a consultation with a King of Prussia defective product design lawyer to discuss the details of your potential claim. Our seasoned personal injury attorneys could help build a solid case to secure damages on your behalf.