In a Pennsylvania product-liability case, a manufacturer or seller of a product can be held liable under theories of strict liability, negligence, breach of warranty, and the Unfair Trade Practices and Consumer Protection Law.
- Strict Liability: A plaintiff can proceed against a manufacturer, seller, or distributor under strict liability for personal injuries, if the product was sold in a defective condition unreasonably dangerous to the ultimate consumer, and the product reached the consumer in substantially the same condition in which it was sold.
- Negligence: Unlike suits grounded in strict liability, negligence suits require proof of the defendant’s fault, which includes proving that: (1) the defendant owed the plaintiff a duty; (2) the defendant breached that duty; (3) the breach proximately caused the plaintiff’s injuries; and (4) the plaintiff suffered actual damages.
- Breach of Warranty: Generally, these claims are for breach of the implied warranty of merchantability or a breach of the implied warranty of fitness for a particular purpose, as those terms are defined under the Pennsylvania Uniform Commercial Code.
- Unfair Trade Practices and Consumer Protection Law: A claim may exist for any person who “purchases or leases goods . . . primarily for personal, family, or household purposes and thereby suffers any ascertainable loss of money or property, real or personal, as a result of the use or employment by any person of a method, act, or practice declared unlawful by . . . the [UTPCPL].” The UTPCPL lists 23 separate acts or practices that are declared to be unlawful, including, among others, “[r]epresenting that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits or quantities that they do not have or that a person has a sponsorship, approval, status, affiliation, or connection that he does not have….”
Prevailing in a products-liability case against a manufacturer or seller requires the use of highly qualified experts and Pennsylvania lawyers with extensive experience in Pennsylvania products-liability law.
Slade McLaughlin and Paul Lauricella are Nationally Recognized personal injury attorneys who have secured millions for their clients across the tri-state area.
At McLaughlin & Lauricella, P.C., our Pennsylvania product-liability lawyers will use their decades of experience in products-liability law to work with highly qualified engineers and human-factors experts to determine whether you have a claim under strict liability, negligence, breach of warranty, or the UTPCPL.
If you have personal injuries that were caused by what you suspect to be a defective product contact us. Free Consultation – Call the law firm at 215-568-1510 or contact us by email to see how we can help ensure that you receive the compensation you deserve.