West Mifflin, PA asked in Personal Injury and Products Liability for Pennsylvania

Q: Are all personal injuries as a result of a defective product treated the same when there was a significant injury.

The product in question was examined by an expert and found to be faulty. The hospital bill was over $14,000. Time off work and lost wages total approximately $20,000.

1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Products Liability Lawyer
  • Little Neck, NY

A: A Pennsylvania attorney could advise best, but your question remains open for two weeks. Yes, they can be seen as the SAME in terms of the basic underlying legal theories applied. The claimant will need to show that the product was defective. This could mean the product was defectively designed, defectively manufactured, or failed to provide adequate warnings.

At the same time, the cases can be DIFFERENT in terms of the damages sought by the plaintiff, both in the scope of the elements sought and the dollar figures on those elements. It's helpful to you that you have an expert who determined that the product was defective. But it doesn't end there. The opposing attorney might not necessarily take that at face value. They could come back with their own expert who offers a theory that the product was improperly used rather than being defective (or some other theory). This can be a contentious aspect of product liability cases. Good luck

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