Licensed in Pennsylvania, New Jersey, New York, Delaware, Virginia, Georgia and Florida.

Messa & Associates - Product Liability

The Philadelphia product liability lawyers at Messa & Associates handle cases involving dangerous defective products causing injury to individuals. For product liability cases, the tragedy of these situations is that they could have been prevented if more precaution was taken by manufacturers. The unfortunate result of manufacturing and design defects is that they can change a life forever, both of the victims and those around them.

Each year, countless injuries result from defective or dangerous products. Consumers have a right to be safe from injury when using any consumer product, whether it is a household product, a vehicle or any other consumer good or piece of equipment. In Pennsylvania, the law of product liability or defective products is not like other personal injury liability law. Therefore, if you are injured by a defective or dangerous product, it is imperative that you are represented by an experienced, knowledgeable product liability lawyer who understands the differences in the applicable law, as well as the intricacies of presenting a successful defective product case.

We have had much success in obtaining substantial settlements and awards. These are just some examples.

- Confidential: $35 million recovery for a man who was ejected from the seat of a tractor trailer he was driving after the brakes failed when he applied them. The seatbelt failed to restrain the man in his seat and experienced catastrophic injuries including quadriplegia.

- Confidential: Eight-Figure products liability settlement against a leading smoke detector manufacturer and major mobile home company where a family of seven perished in a fire. The victims, including five children aged four to eleven, suffered severe burns and smoke inhalation causing their deaths. The smoke detectors failed to provide a timely warning of what was later determined to be a slow and smoldering fire.

- Confidential: $3.7 million for death of a nine-year-old boy as a result of a fire in an apartment building.

What Constitutes a Defective Product?

Strict product liability is created with the existence of a defective condition. Defects in products come in three forms – design defects, manufacturing defects and marketing, or "failure to warn", defects. Design defects occur when the design of the product itself presents a safety hazard. For example, a gun without a "safety" mechanism would have a design defect. A manufacturing defect occurs when a product as manufactured is different than originally designed and causes injury to a user. This occurs quite often with recalled vehicles or tainted food products.

While many product liability cases turn on defective design or manufacturing, many times lack of proper marketing, such as labeling, instructions or warnings, causes the injuries. The manufacturer and supplier are required to provide the necessary warnings and instructions to notify the consumer of the possible risks of the product. Failure to properly warn the consumer is viewed as a defect. Likewise, a product with improper or deficient labeling may also be considered defective product.

Pennsylvania Product Liability Lawsuits

Liability for injuries resulting from defective product rests with all parties who bring the dangerous product to the consumer. When you are injured by a defective product, liability can rest with the manufacturer of the product and/or the product's component parts, the wholesaler and/or the retailer of the product. The Pennsylvania law of strict product liability provides that a manufacturer, supplier or seller of a product guarantees its safety for its intended use; therefore, the manufacturer, supplier and/or seller is liable for any injuries resulting from a defect in its product when used as intended. Intended use includes any reasonably foreseeable use or misuse of a product.

The Pennsylvania law of strict product liability focus concentrates on the safety of the product. If a defect exists and an injury results, the manufacturer, supplier and/or seller of the product can be strictly liable. Unlike in other negligence and personal injury cases, no consideration is given to the reasonableness of the conduct of the manufacturer, supplier or seller. For that reason, a manufacturer, supplier or seller may be held liable for injuries caused by the defective product even if they acted with all possible care when the product was manufactured and presented to the consumer for purchase.

While strict liability attaches to defective products, the assistance of a knowledgeable product liability attorney is necessary when you are seeking to recover from your injuries. Product liability cases can be very complex and often involve complicated engineering and scientific concepts. The evidence that must be presented at trial requires a skilled litigator on your side who must prove that the product was defective, that the defect caused your injuries, and that you used the product in a reasonable manner. A products liability case requires a thorough investigation, expert testimony, and resources that not all personal injury law firms can provide. The product liability attorneys at Messa & Associates are well-prepared to pursue your case to the fullest extent to maximize your recovery.

The Philadelphia defective products liability attorneys of Messa & Associates have handled hundreds of product liability cases involving most any product imaginable including cars, trucks, airplanes, forklifts, cranes, scaffolding, heaters, pajamas, household appliances causing fire and electric shock, smoke alarms, window blinds, machinery of all types, saws, lawnmowers, farm equipment and more. With an attorney with a master's degree in Engineering we have the expertise we need to serve you best.

Contact an experienced Philadelphia defective products liability attorney to schedule a free initial consultation to discuss your case.


Call the Philadelphia personal injury lawyers of Messa & Associates today to discuss your case with a professional who has the knowledge to answer your questions or submit a free online inquiry.

Call, toll-free, 1-877-MessaLaw (637-7252), or submit a free online inquiry form.