Unless a product is a weapon -- or something meant to inflict harm -- the regular use of a product should not be dangerous. When people purchase consumer goods, they don't expect them to include dangerous product defects that lead to serious accidents and injuries. But, these products are on the market and may result in a products liability suit.
Recently, a Pennsylvania man has filed a products liability suit after an unusual accident. According to reports, the man was injured while using a sports resistance band. The band was defective and was subject to a product recall in September 2011. However, the man in this case was still able to purchase the defective product in 2012, after the original manufacturer of the product allegedly sold the company to another party.
While using the product in January 2014, the man claims that the resistance band malfunctioned and caused serious injury. The defective band hit the man in the eye causing serious damage. He suffered from pigmentary glaucoma, traumatic iritis and eye contusion. He needed surgery to repair the damage.
In his suit against both the original manufacturer and the company's new owner, the man is asking for more than $150,000 in damages. The court, however, has claimed that he is not entitled to punitive damages in this case.
Products liability cases, like this one, can be legally complicated. They can involve multiple parties and multiple legal theories. People who have been injured by dangerous products should seek to understand whether they have the right to compensation and the options they have available. Acting quickly may help to preserve these options.
Source: The Pennsylvania Record, "Man, allegedly injured by defective resistance band, can't seek punitive damages," Nicholas Malfitano, June 2, 2015