You and most other people undoubtedly use some sort of manufactured product daily. These products can have a variety of uses, and you likely do not often give these products a second thought as far as causing you unexpected harm. Unfortunately, some foods, electronics, medical devices and even furniture could have defects that cause them to put consumers at risk of suffering serious injuries.
If you have suffered serious harm due to the use of a defective or dangerous product, you may wonder whether you could pursue a lawsuit in hopes of gaining compensation. Luckily, you have the right to move forward with legal action against the party or parties considered liable for your injuries.
Strict liability
Even though three different theories could potentially apply to a liability case, strict liability acts as the most commonly used. This path allows you to file a claim against the maker or seller of the product that resulted in your injuries. With strict liability, you do not necessarily have to prove that the maker or seller acted negligently. Even if you do not have proof that careless actions on a manufacturer’s part caused the negative outcomes, legal responsibility may still fall to them.
Necessary conditions
Though you do not need proof of fault, conditions do exist that you must meet in order for your claim to have merit. These conditions include:
- Suffering injuries due to an unreasonably dangerous defect of the product
- Your use of the product did not go against its intended purpose
- The product had not undergone modifications to change its performance
Liability exceptions
Although you do not necessarily have to prove the manufacturer or seller’s fault, strict liability does not always mean that the company automatically accepts liability. For instance, if you owned the product for an extended period of time, the company could argue that you had awareness of the defect yet continued to use the product anyway. In such a case, your claim may not seem as strong.
However, the manner in which you present your claim could have a considerable effect on the outcome of your case. Therefore, you may wish to find out more information on strict liability for defective products, along with how it could affect your legal claim.
In order to ensure that you have fully assessed your situation and understand your options, you may wish to consult with an experienced Pennsylvania attorney. This assistance could ensure that your case presentation proves effective.