A split second is all it takes for a household appliance, a piece of industrial machinery, or a vehicle part to fail. If that failure leads to a catastrophic injury, you will need to schedule a consultation and discuss your rights with a Philadelphia product liability lawyer.
If you sustain a catastrophic injury like the loss of a limb or a third-degree burn, your immediate physical pain is only the beginning of a long and difficult journey. You and your family may face mounting medical costs and an unexpectedly difficult future.
If you sustain a catastrophic injury caused by a faulty consumer item, you have specific legal protections under Pennsylvania law. Understanding these rights is the first step toward holding large corporations accountable for selling defective products to unsuspecting consumers.
Strict Liability in Pennsylvania Product Claims
In product liability cases, Pennsylvania law follows the doctrine of strict liability. If a product is deemed unreasonably dangerous, the manufacturer or retailer may be held liable for the resulting injuries regardless of whether they were “careless” in the usual sense.
You do not necessarily have to prove the company was negligent; you only have to prove that the item was defective and that the defect caused your injury. In Tincher v. Omega Flex, Inc. (2014), the Pennsylvania Supreme Court clarified three ways a product can be defective:
- Design flaws: The product’s design is inherently dangerous. An injured victim can prove a design is defective if the product is more dangerous than an average consumer would expect or if the product’s risks outweigh its benefits.
- Manufacturing flaws: A manufacturing error makes a specific item different and more dangerous than others in the same line.
- Insufficient warnings: Instructions or warnings regarding an item’s potential dangers were missing or inadequate.
When the use of a defective product causes a deep tissue burn or results in an amputation, Pennsylvania law provides a pathway to seek justice against every party in the product’s distribution chain.
Catastrophic Injuries and Multiple Defendants
Catastrophic injuries sometimes involve complex heavy machinery or commercial vehicles. In many cases, an injury is not only the result of one person’s mistake, but also a combination of a defective product and a corporate entity’s failure.
If a Lyft or Uber driver is involved in a crash because of defective brakes, there may be multiple avenues for recovery. A Philadelphia product liability attorney looks at the parts manufacturer, the party responsible for vehicle maintenance, and the insurance carriers.
In crashes involving commercial trucks, mechanical failure may trigger a multi-vehicle crash, allowing injury victims to pursue and recover compensation from multiple corporate defendants simultaneously. A good attorney ensures that the full scope of a life-altering injury is addressed.
Understanding the Statute of Limitations
Pennsylvania’s statute of limitations for filing personal injury claims, including product liability claims, is two years from the date the injury occurred, but you shouldn’t wait two years to speak with a Philadelphia product liability lawyer.
Catastrophic injury cases require immediate investigation. Evidence at a crash site or a workplace can disappear quickly. Surveillance footage is re-looped, and the defective product might be lost or destroyed if it is not secured immediately.
Starting the legal process as early as possible helps preserve black box data in trucks or recover charred components in fire cases. Your Philadelphia product liability attorney also needs to speak with any witnesses while their recollections are still fresh.
Recovering for Life-Altering Damages
When someone suffers a severe burn or requires an amputation, the damages go far beyond a hospital bill. Pennsylvania law allows catastrophic victims to pursue compensation for all of their losses, including:
- Medical expenses such as surgeries, long-term wound care for burns, prosthetic fittings for amputations, and ongoing physical therapy.
- Future earnings: the loss of your earning capacity over your lifetime.
- Pain and suffering, the physical agony and psychological trauma associated with permanent disfigurement or disability.
- Loss of the “enjoyment of life,” the inability to engage in hobbies, family activities, or daily routines that were once a central part of your life.
Pennsylvania generally imposes no cap on compensatory damages in most product liability cases against private defendants. For claims involving defective consumer items, the law usually allows for a full recovery based on the evidence.
Comparative Negligence in Pennsylvania
A common tactic used by defense lawyers in product liability cases is to blame the victims. In Pennsylvania, as long as you are not more than 50 percent at fault for the incident (meaning your negligence was not greater than the defendant’s negligence), you can still recover compensation, but your compensation is reduced by the percentage of fault you bear.
In strict liability cases, manufacturers often try to argue that a user “assumed” the risk or “misused” the product. Your Pennsylvania product liability lawyer will insist that the defect was the cause of your injury, even if the company tries to shift blame. If the company denies liability or you’re not offered sufficient compensation, Messa Law will take your case to trial.
Take Your Product Liability Case to Messa Law
The team at Messa Law doesn’t simply “handle” product liability cases. When a defective consumer product causes an injury as severe as an amputation or a permanent burn, the stakes are too high to settle for the first offer an insurance company throws on the table.
We are known for doing the heavy lifting and preparing every case as if it is going to trial. Our firm has deep roots in the Philadelphia community. Whether you have been injured by a defective medical device, a faulty car seatbelt, or a dangerous industrial tool, we fight to ensure our clients have the financial freedom to move forward positively after a catastrophic injury.
If you or someone you love has suffered a catastrophic injury while using a defective consumer product, contact Messa Law at 215-515-4213 to schedule a free first legal consultation. We are the aggressive, effective product liability lawyers you need to secure your future.
