Verdicts for plaintiffs in medical malpractice cases are rare in …
McLaughlin & Lauricella Have Extensive Experience Handling Cases for Those Who Have Suffered Personal Injuries as a Result of Using a Defective Product
Product Liability Causes of Action Under Pennsylvania’s Product Liability Law
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.
The Philadelphia Pennsylvania Product Liability Lawyers – You Need!
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.
The trial for both of us was a difficult process, being highly emotional in regards to the severe injuries Tina sustained at the hands of another human being. We are however comforted knowing that you are there for us during this process.
I can see settling the case, but I could never see settling the case for the amount of money that you ended up getting. You are terrific lawyer, and a great guy.
My entire family thanks you from the bottom of our hearts. No amount of money will ever bring my son back, but you certainly gave us back the dignity and respect of his memory. I would recommend your representation to anyone who needs it and I will.
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