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Defective products are behind many accidents and injuries, often involved in auto accidents, construction accidents, pharmaceutical injuries, house fires, and much more. In Pennsylvania, lawsuits for injuries caused by defective products fall under product liability, and may be brought against manufactures, distributors, retailers, and others along the chain of distribution.
Types of Defects
There are three primary types of defects:
- Design defect
- Manufacturing defect
- Marketing defect/failure to warn
Hundreds of defective products are recalled each year. If the product which caused your injury has been recalled, it can certainly help your case, but a recall is not necessary in order for you to have a solid case. Very often a recall only occurs after people have been injured and/or killed, and sometimes only after a company has spent a significant amount of money on product liability lawsuits and finally decides that the profits will not outweigh the costs of selling the defective product.
Defective Children’s Products
Many defective products re children’s products, including but not limited to toys.
When it comes to toys the defect is often a marketing defect in the form of marketing a toy to children who are too young to use it safely or for uses which are not safe, or because it fails to carry the necessary safety warnings, such as age restrictions.
Other types of children’s products which are often defective causing injury or death include:
- Car safety seats
- High chairs
- Clothing made from flammable materials
- Clothing which poses strangulation or choking hazard
Defective Medications and Medical Devices
When defective medications or medical devices cause injuries, the outcome can be very confusing and may appear to be medical malpractice. Your Pennsylvania defective products attorney can help you determine whether your injuries were the result of a defective medication or medical negligence. When a pharmaceutical company fails to warn consumers and health care professionals of potential side effects, that failure to warn is in itself a defect.
Prescription drugs, over-the-counter (OTC) medications, medical devices such as hip replacement implants, and medical products such as medicated wipes, can all be defective and fall under product liability.
Defective vehicles can be involved in auto accident lawsuits in two ways. Some types of defects cause accidents. Other, called crashworthiness defects, cause injuries to be worse when accidents occur. For instance, a defect causing spontaneous acceleration can cause an accident. A defective seat belt will not cause an accident, but can cause serious injuries or death in the event of an accident.