Product Liability Overview
Most defective product claims fall into one of three broad categories: negligence, strict liability, or breach of warranty.
Negligence
Any individual involved in the design, manufacture, or distribution of a product has a duty to provide a safe product. If one of these individuals fails to exercise reasonable care, and their action (or inaction) results in injury, he or she can be held liable. Negligence claims under product liability law include design errors, careless mistakes in the manufacturing of a product, and failure to warn consumers of the dangers associated with a product.
Strict Liability
While negligence claims require proof that a party acted unreasonably, strict liability claims hold a manufacturer, supplier, or retailer responsible for injuries caused by a defective product regardless of fault or intent. If a product is determined to be unreasonably dangerous to consumers, and injury results from using the product, the mere fact that the product is defective is sufficient to hold the responsible parties liable in a court of law.
Breach of Warranty
Breach of warranty essentially means that a party violated their own guarantee. Under product liability law, breach of warranty claims may arise when manufacturers, suppliers, or retailers break either an express or implied promise to consumers that a product is free of defects.
Serious injuries suffered from defective products occur from a variety of products. Some of the most serious and talked about product liability cases and settlements in recent years have involved class action lawsuits filed against major manufacturers of automobiles, pharmaceuticals, and dangerous medical devices. However, defective products can extend to virtually every corner of the marketplace and result in injuries, from minor burns and lacerations to serious brain and spinal cord injuries.
Examples of defective products include:
- Defective Auto Parts/Crashworthiness
- Air bags
- Car seats
- Roof crush
- SUV rollovers
- Seat belts
- Tires
- Defective Medical Devices
- Baxter dialysis filters
- Sulzer hip replacement
- Sulzer knee replacement
- Shoulder Pain Pump
- Toxic/Chemical Exposure to Dangerous Products
- Benzene poisoning
- Groundwater contamination
- Lead poisoning
- Manganese poisoning
- Mercury poisoning
- Pesticide exposure
- Silica exposure
- Toxic mold
- Treated wood poisoning
- Vinyl chloride
- Defective Drugs
When the risks of taking a drug outweighs its potential benefits, the Food and Drug Administration will either recall the drug or issue new warnings about the dangers of the medication. Those that have been injured by a dangerous drug should consult a defective drug attorney as soon as possible. Learn more about defective drugs.
Other Types of Defective Products
- Defective construction equipment/machinery and power tools
- Dangerous or defective toys
- Defective deer stands
- Defective kitchen, bathroom, and other household appliances
If you are injured by a defective product, you will need to provide your attorney with:
- The product itself (if you still have it)
- Information about where you purchased it
- Any manuals or other material that came with the product
- Pictures of the product and where the injury occurred, if possible
- Copies of your medical records
- Time that you missed from work
- Receipts for any property damage (such as cleaning bills or receipts for damaged clothing)
- Begin a journal and document everything: Details of what occurred
- What was said by any witnesses
- Your injuries, the pain and feelings you experience due to your injuries
- Appointments resulting from the accident and distances traveled
- Time you had to take off work
- Time spent talking with the insurance company as well as your lawyer
- Effects of the injuries on your family
- Product Liability cases are complex.
Contact Valentino Law today for a free consultation to discuss your possible product liability claim.
Valentino Law has represented countless of family’s when a loved one dies and probate is necessary. Depending on the size and complexity of the estate, We provide some or all of the following services in connection with estate administration:
- Online filing for Probate or attendance at the Register of Wills for probate
- Obtaining short cerificates
- Obtaining an Employer Identificaton Number for the Estate
- Notifying all beneficiaries of the death and inheritance as set forth in the Will or Intestate Code
- Verifying Life Insurance coverage
- Filing of Renunciations
- Advertisement of Grant of Letters
- Social Security review
- Department of Welfare review
- Vaulation of assets as of date of death
- inheritance tax calculation
- inventory
- drafting disclaimers
- filing of Pennsylvania Inheritance Return
- Estate tax closing letters
- Preparation of first and final accounting
- Formal accounting and audit hearing
- Audit notices
- Prepare Statement of Proposed Distribution
- Attend Formal Accountinh Hearing
- File Schedule of Distribution
- Drafting of Informal Family Agreement in Leiu of Formal Accounting
- Defend against creditor claims
- Call Phil or John today at 215-245-7190 to discuss our representation in estate administration.
Are you aware that except in very limited circumstances, Pennsylvania law prohibts an employee from suing their employer for injuries the employee sustained at the worksite? Valentino has experience in representing injured workers under the Pennsylvania Workers Compensation Act. Whether the injury you suffered is a physical injury, psychological or both, you need an attorney experienced in workers compensation claims on your side. Whether filing a Claim Petition on your behalf, defending an allegation from your employer’s insurance company that you are fully recovered when your not, or seeking the payment of medical bills and expenses that the insurance company has refused to pay, we can help you.
Contact Phil Valentino at 215-245-7190 to discuss your workers compensation matter today.
If you, a family member or a friend have been injured on another person’s property, the person injured may be able to file a premises liability lawsuit to receive financial compensation for injuries if the person who owns the property or had possession of the property was negligent in caring for the property. Some of the types of negligent behavior of an owner of property involves:
- Poorly lit Stairs, Hallways or Walkways
- Broken or missing Steps
- uneven sidewalks and walkways
- Spills left in a store
- Ice or Snow Accumulation
- defects in the property
- Lack of Adequate Security Measures
- Dog Bites
- Slip and Falls
- Dram Shop injuries
A small example of our cases where we have obtained compensation for our clients through trial or settlement include:
- client sustained serious injuries when attacked by drunken patrons at a local bar;
- client sustained serious injuries when our client was struck by an automobile that was being operated by a truck
- driver who had attended a party at a home where alcohol was served to minors;
- client sustained personal injuries when they slipped and fell on defective concrete on sidewalk;
- client sustained serious injuries when leaving a supermarket where the driveway was defectively constructed;
These are just some of the types of cases that Valentino Law has experience in handling. Property owners have a legal obligation to take reasonable action to ensure that their property is free from defective conditions. If a property owner knows about a defect and does nothing to fix it or warn people of the danger, they may be held legally responsible for the injuries that the defect caused. We can review the circumstances of your slip and fall and determine whether property owner negligence led to your injuries. If need be, we will obtain bio-mechanical or similar experts to prove that the owner was negligent and is the legal cause of your injuries so that you may be able to recover financial damages for medical care, lost wages, lost earning capacity, pain and suffering and more.
Motor Vehicle Accidents
Motor vehicle law in Pennsylvania and New Jersey is extremely complex and your rights and recovery can be affected by a number of factors. It is critical to get legal representation as soon as possible following an accident. Even your own insurance carrier may not have your best interests in mind from the onset of your claim. We not only protect and preserve your rights but we also guide and advise you throughout this entire process. The more informed you are of the legalities, the better the outcome of your case. We pride ourselves on our excellent track record with client communication and our results reflect this committment to client service.
Commercial Trucking Accidents
Commercial trucking accidents which involve tracter-trailers can cause devastating injuries. In these cases, it is important to undestand the interplay between the “owner operator” of the tracter-trailer and a company that may hire that person to transport goods on the country’s highways. Obtaining compensation in cases with severe injuries or deaths require finding insurance coverage with high limits. Whle major trucking companies usually have such insurance, most smaller trucking companies that use “owner-operators” to transport their goods do not. Therefore, commercial truck accident cases require an attorney to have a knowledge of accident reconstruction, enginerring aspects as weill as understanding of the intricacies of the arrangements between the owner-operator of the tracter-trailer and the company that person is hired by to transport goods.
If you or someone you know have suffered injuries as a result of a motor vehicle accident contact us immediately at 215-245-7190 and let us put our knowledge and experience to work for you to protect your rights.
If you, a family member or a friend has suffered personal injuries in an accident, it is important that you consult an attorney who is experienced in these types of cases. At Valentino Law, for over twenty-five years we have been helping individuals who have suffered injuries from an Auto Accident, Truck Accident, Slip and Fall, Dram Shop incident, Dog Bite and countless of other incidents. You are likely facing increasing medical bills, lost wages, pain and suffering and uncertainty as to how you will make it through the physical and emotional pain that accompanies an accident. A person may suffer from lasting physical and emotional effects such as disfigurement, the loss of future earnings, scarring and pain and suffering. We at Valentino Law, can assist you in holding the negligent party responsible for their actions.
Some of our notable successes include:
- Seven figure resolution in oil refinery explosion where our client suffered traumatic pyschological and physical injuries;
- Six figure verdict in construction lawsuit for injuries sustained at a refinery;
- Six figure settlement in motorcycle accident;
- Six figure settlement in workers’ compensation matter;
- Six figure settlement in automobile-pedestrian case where our client suffered complete hearing loss;
Although past performances do not guarantee similar results, our firm has the experience and dedication to represent your interests and hold the negligent party responsible for compensating you for all of your damages. Call us today at 215-245-7190 for a free consultation.
