Holding manufacturers accountable when unsafe products cause harm
Consumers have the right to expect that the products they use are safe, since the law requires that every product possess ‘every element necessary to make it safe for its intended use’, including a safe design and proper warnings and instructions. When a defective or unsafe product causes injury, Pennsylvania law allows injured individuals to pursue compensation from the companies that placed the product on the market.
At Badey, Sloan & DiGenova, P.C., our Philadelphia product liability lawyers represent individuals harmed by dangerous or defective products, unsafe designs, and inadequate warnings. We approach these cases with careful investigation, expert analysis, and a commitment to developing claims that can withstand scrutiny from manufacturers and their insurers.
A Strategic Approach to Product Liability Claims
Building Cases That Hold Up Against Large Corporations
Product liability cases often involve well-funded defendants, complex supply chains, and technical evidence. Success depends on identifying how a product failed, who is legally responsible, and how that defect caused injury.
Our attorneys methodically evaluate product liability claims. We work with engineers, medical professionals, and industry experts to analyze product design, manufacturing processes, and warning labels. This disciplined approach enables us to pursue claims supported by evidence and grounded in Pennsylvania product liability law.
Product Liability Claims Under Pennsylvania Law
When Defective Products Create Legal Responsibility
Pennsylvania product liability law is designed to protect consumers by holding companies accountable when their products cause injury or death. Many product liability cases are governed by the doctrine of strict liability, meaning an injured person need not prove negligence. Instead, the focus is on whether the product was defective and whether that defect caused harm.
To pursue a valid product liability claim, a plaintiff must generally show that:
- The product was defective,
- The defect existed when the product left the manufacturer or seller, and
- The defect directly caused the injury during normal or foreseeable use.
Product liability claims may involve multiple responsible parties, including manufacturers, distributors, wholesalers, and retailers.
Types of Product Defects
How Products Become Unreasonably Dangerous
Product defects generally fall into three primary categories under Pennsylvania law:
Manufacturing Defects
A manufacturing defect occurs when a product departs from its intended design due to an error in construction, assembly, or production. Examples may include cracked components, faulty welds, or improperly installed safety features.
Design Defects
A design defect exists when a product is inherently dangerous due to its design, even if it was manufactured exactly as intended. These cases often involve products that pose unreasonable risks when used as designed.
Marketing Defects (Failure to Warn)
Marketing defects occur when manufacturers fail to provide adequate warnings or instructions about a product’s known or foreseeable risks. Inadequate labeling, missing safety instructions, or unclear warnings may give rise to liability.
Types of Product Liability Cases We Handle
Defective Products Across Many Industries
Our Philadelphia product liability lawyers evaluate claims involving a wide range of consumer and industrial products, including:
- Severe injuries caused by a defective product in the home or workplace
- Defective medical devices and medical equipment
- Dangerous or defective pharmaceuticals and prescription drugs
- Automotive parts and safety systems
- Consumer products and household goods
- Industrial machinery and workplace equipment
- Children’s products and toys
- Tools, appliances, and electrical products
Each case is evaluated based on the nature of the defect, the severity of the injuries, and the evidence available to support liability.
Injuries Caused by Defective Products
When Product Failures Lead to Serious Harm
Defective products can cause severe and life-altering injuries. Depending on the product and the defect involved, injuries may include burns, lacerations, fractures, traumatic brain injury, amputations, internal organ damage, and other catastrophic injuries.
When a defective product causes death, Pennsylvania law allows certain family members or legal representatives to pursue wrongful death and survival claims.
What to Do After a Product-Related Injury
Early Decisions Shape the Outcome
If you believe a defective product caused your injury, taking prompt action can help protect your rights:
- Consult a Philadelphia product liability lawyer early, as evidence must be secured and preserved immediately, and these cases often require extensive investigation and expert review.
- Seek medical treatment immediately to protect your health and document the injury.
- Preserve the product in its post-accident condition, if possible. Do not alter or discard it.
- Document everything, including photos of the product, packaging, warning labels, and injuries.
- Avoid contacting manufacturers or insurers directly before obtaining legal advice.
Compensation in Product Liability Cases
Recovering the Full Scope of Your Losses
If a product defect caused injury, compensation may include economic and non-economic damages, such as medical expenses, lost wages, diminished earning capacity, rehabilitation costs, and pain and suffering.
In rare cases involving particularly egregious conduct, punitive damages, deliberate disregard for safety, not simple mistakes, may be available under Pennsylvania law. The value of a product liability case depends on the severity of the suffered injuries, long-term consequences, and the strength of the evidence establishing liability.
Trial-Ready Advocacy for Complex Product Liability Litigation
Prepared to Litigate When Necessary
Product liability cases are often expensive and resource-intensive. Manufacturers frequently contest liability and causation, making thorough preparation essential.
Badey, Sloan & DiGenova approach product liability cases with trial readiness in mind. Our experience in complex litigation and appeals allows us to navigate technical evidence, expert testimony, and procedural challenges effectively.
Fees and the Cost of Hiring a Product Liability Lawyer
Clear Expectations. No Upfront Legal Fees.
Product liability cases are typically handled on a contingency fee basis, meaning legal fees are paid only if compensation is recovered.
Many law firms, including Badey, Sloan & DiGenova, offer free initial consultations to help clients determine whether their product liability claim meets the legal criteria before proceeding. During this free consultation, we explain timelines, potential costs, and what to expect throughout the legal process.
Why Choose Badey, Sloan & DiGenova P.C. in Philadelphia, PA
Experience, Judgment, and Local Insight
Choosing the right product liability lawyer matters. These cases often involve large corporations, complex evidence, and significant resistance to liability.
At Badey, Sloan & DiGenova, clients work directly with our experienced product liability attorneys who have handled numerous complex product liability litigation cases in Philadelphia courts. We focus on clear communication, careful case evaluation, and advocacy that reflects the severity of the injuries.
