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Proving fault in PA dangerous products liability cases

On Behalf of | Sep 9, 2015 | Firm News

Did you know that common household products have been prosecuted in the past for being dangerous products? That’s right, everyday items have had a record of being inherently dangerous in the past. This means that there are likely some dangerous products presently around Pittsburgh residents every day. For those who have already been injured by a dangerous product and are looking to prove fault, there are a few ways to do this.

A dangerous product is defined as a product that failed in manufacture, design or warning. This failure has to directly lead to the injury or a person. To prove that a tort of negligence has taken place, with respects to products liability, there are five points that must be proven. This is assuming that the manufacturer has exercised a reasonable standard of care.

First, the manufacturer must owe the plaintiff a duty. Second, the manufacturer much have breached that duty. Third, this breach must be the actual cause for plaintiff injury. Fourth, the breach must be the proximate (i.e., foreseeable) cause of the injury. Last, the injured must prove that they suffered actual or monetary damages for the products liability incident.

Monetary damages could be anything from medical bills to loss of wages due to an injury that rendered that person unable to work. The tort could have happened many ways, either the manufacturing was faulty or the design was inherently dangerous, for example. If you or a family member has been injured due to a products liability claim, do not hesitate to explore your options. Real reparations can be made if the manufacturer is proven responsible.

Source: Findlaw, “Legal Basis for Liability in Product Cases,” Accessed Sept. 7, 2015