A product manufacturer or seller may be responsible for harm caused by a defective product (that is, a product that does not have every element necessary to make it safe for its intended use). I see a lot of defective products associated with work, especially machinery, as well as tools and chemicals or asbestos. My clients have also had these claims associated with defective toys, bicycles, automobile tires, chairs, pharmaceutical products and even food.
One of the most important things in these cases is the product itself. Legally, the case is usually better with the product, product literature, and other evidence associated with the product. Preserving the product is important, and that is one of the first things I try to do.
Legally, I often need to research and confirm points such as the following: the court’s jurisdiction and venue over the potentially responsible party; whether the manufacturer or seller has changed its name or gone out of business; whether there are other similar injuries caused by the product’s design; and whether there are any government regulations or other laws applying to the product.
Factually, I most often consult with an expert familiar with the type of product involved. That expert can state the elements necessary for safe use and often may be called upon to render an opinion as to whether the product lacked an element necessary for its safe use. In litigation, I try to establish whether there exists other similar injuries and any subsequent changes.
The attorneys at The Seach Law Offices represent users who are harmed by defective products. We represent Clients in the greater Hazleton area, including all of Luzerne, Lackawanna, Monroe, Schuylkill and Carbon Counties and throughout Northeastern Pennsylvania. To schedule a free consultation, call The Seach Law Offices at (570)359-3283.