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Philadelphia Product Liability Lawyers

When a defective product causes injury, you have a legal right to file a product liability claim. 

If you believe a defective product caused your injury, Muller Brazil's experienced product liability attorneys will help you seek compensation.

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Bridget is the consummate attorney. She walked me through the process and stayed in touch with me while my claim processed. I knew I could call her anytime with any questions and she is up front and honest. I’m so grateful to have had her on my case.
Muller Brazil Personal Injury Lawyers
Lisa Adams
Muller Brazil Client
I am so thankful for Muller Brazil. My medical bills were taken care of which was the most important thing for me going forward. I feel like i got vip service ... Thanks again y'all.
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Karl Tiedemann
Muller Brazil Client
Leigh went above and beyond always for me on my case. She sent me updates often and made me feel important. Which is the case got overwhelming at times, Leigh always made me feel at ease and worked tirelessly for me. She is exceptional at what she does and concerns for her clients. Continued Blessings Leigh!
Muller Brazil Personal Injury Lawyers
Cynthia LaShunn Chism
Muller Brazil Client

Identifying Product Liability Defects

$375k Won for a Motorcycle Accident

The law holds manufacturers, distributors, and retailers responsible for damages caused by dangerous or defective goods. Products need to meet the expectations of ordinary consumers, meaning they should be safe and function properly. When a product fails to meet these expectations and causes harm, you may file a product liability claim. Our product liability lawyers handle cases involving manufacturing defects, design defects, and marketing defects.

Whether your claim falls under common law, contract law, tort law, or strict product liability, our legal team is prepared to guide you through the process. Contact our law firm for a free consultation and let our experienced product liability attorneys help you get the compensation you deserve.Product liability claims typically involve three types of defects:

Manufacturing Defect: This occurs when a product is improperly made, resulting in a dangerous defect. Examples include a car with faulty brakes or a contaminated batch of food.

Design Defect: This happens when the product's design is inherently unsafe. For instance, a child's toy with small parts that pose a choking hazard.

Marketing Defect: Also known as a failure to warn, this defect involves inadequate instructions or warnings about a product's risks. For example, a medication that lacks proper warnings about potential side effects.

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Philadelphia Product Liability Lawyers | Muller Brazil

Proving Fault in Product Liability Cases

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To win a product liability claim, you need to prove that a defective product caused your injury. This involves showing:

The Product Was Defective: Whether it's a manufacturing, design, or marketing defect, you must demonstrate that the product was faulty.

The Defect Caused Your Injury: There must be a clear link between the defect and your injury.

You Were Using the Product as Intended: You need to show that you were using the product according to its instructions or in a reasonably foreseeable way.

Understanding Strict Liability in Defective Product Cases

Strict liability means that a manufacturer is held responsible for a defective product, regardless of whether they were negligent. In strict liability cases, you only need to prove that:

The Product Was Defective: The product had a manufacturing, design, or marketing defect.

The Defect Caused Your Injury: The defect directly led to your injury.

You Were Using the Product as Intended: You were using the product correctly or in a reasonably foreseeable way.

Strict liability simplifies the process of holding manufacturers accountable, making it easier for victims to get compensation.

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Philadelphia Product Liability Lawyers | Muller Brazil

Filing Your Product Liability Claim

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When filing a product liability claim, it's crucial to act quickly. There are strict deadlines, known as statutes of limitations, which limit the time you have to file your claim. These deadlines vary by state and type of product.

Gather Evidence: Collect all relevant evidence, including the defective product, medical records, and any documentation of your injury.

Consult an Attorney: Our experienced product liability attorneys help you deal with the legal process and ensure your claim is filed on time.

File the Claim: Your attorney will prepare and file the necessary paperwork to initiate your product liability lawsuit.

Determining Responsibility in Product Liability Cases

In product liability cases, it's necessary to identify all parties that may be responsible for the defective product. This includes:

  • Manufacturers
  • Distributors
  • Retailers

Manufacturers are typically the primary target in these cases because they design and produce the product. However, distributors, who act as intermediaries between the manufacturer and the retailer, can also be held liable. They have a duty to ensure that the products they distribute are safe. Retailers, the final point of sale, could also be responsible if they sell a defective product to a consumer.

Each party in the distribution chain has a role in guaranteeing that products meet safety standards and do not pose a risk to consumers. For example, if a defective product causes injury, the manufacturer might be liable for producing a dangerous product, the distributor for failing to catch the defect, and the retailer for selling the defective product.

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Philadelphia Product Liability Lawyers | Muller Brazil

Common Defenses Against Product Liability Claims

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When pursuing a product liability claim, it's important to be aware of the common defenses that manufacturers and other defendants might use to avoid liability. Some typical defenses include:

  • Product Misuse: Defendants may argue that you were using the product in a way that was not intended or foreseeable, which caused the injury.
  • Alteration of the Product: If the product was altered or modified after it left the manufacturer, defendants might claim that these changes caused the defect.
  • Assumption of Risk: Defendants might argue that you knew about the defect or the potential danger and still chose to use the product.
  • Statute of Limitations: If too much time has passed since the injury or discovery of the defect, the defendants may claim that the statute of limitations has expired, making your claim invalid.
  • Comparative Negligence: In some cases, defendants might argue that your own negligence contributed to your injury, which could reduce or eliminate their liability.

Handling Partial Fault in Product Liability Claims

In some product liability cases, the injured party may share some responsibility for their injury. This situation is handled differently depending on the state's laws, which affects the outcome of your claim.

Comparative Negligence: In many states, the principle of comparative negligence is applied. This means that if you are partially at fault, your compensation will be reduced by your percentage of fault. For example, if you are found to be 20% at fault for your injury, your compensation will be reduced by 20%.

Contributory Negligence: In a few states, the more stringent rule of contributory negligence applies. Under this rule, if you are found to have any fault in causing your injury, you may be barred from recovering any compensation at all.

Modified Comparative Negligence: Other states use a modified version, where you only recover damages if your fault is below a certain threshold, typically 50%.

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Settling Product Liability Claims

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Many product liability claims are resolved through settlements rather than going to trial. Settling a claim is beneficial as it often results in a quicker resolution and avoids the uncertainties of a court trial.

Negotiation Process: Settlements typically begin with negotiations between your attorney and the defendant's representatives. During these negotiations, both sides will present their evidence and arguments to reach a mutually agreeable settlement.

Advantages of Settling: Settling saves time and legal expenses, providing you with compensation more quickly than a trial would. It also allows for a certain outcome, avoiding the unpredictability of a jury verdict.

Considerations: Time must be taken to weigh up the settlement offer carefully. Your experienced product liability lawyer will help you evaluate whether the offer covers your medical bills, lost wages, pain and suffering, and any other damages you may have incurred.

Acceptance: If a settlement offer is acceptable, your attorney will help finalize the agreement, ensuring that your rights are protected. Once settled, you typically cannot pursue further legal action for the same injury.

Rejection: If the settlement offer is insufficient, your attorney may advise rejecting it and preparing for trial. This decision depends on the strength of your case and the likelihood of achieving a better outcome in court.

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Recoverable Damages in Product Liability Claims

If you've been injured by a defective product, you may be entitled to various types of compensation. The damages you could recover in a product liability claim typically include:

Medical Bills: This covers the cost of medical treatment related to your injury, including hospital stays, surgeries, medications, and rehabilitation.

Lost Wages: If your injury prevents you from working, you can recover compensation for lost income, both past and future, due to your inability to work.

Pain and Suffering: This compensates for the physical pain and emotional distress caused by the injury. The amount varies based on the severity of your suffering.

Property Damage: If the defective product damaged your property, you could seek compensation for repairs or replacement of the damaged items.

Punitive Damages: In cases where the defendant's actions were particularly egregious or reckless, you may be awarded punitive damages. These are intended to punish the wrongdoer and deter similar conduct in the future.

Loss of Consortium: If your injury has affected your relationship with your spouse or family, you may be entitled to compensation for loss of companionship and support.

Wrongful Death: If a defective product leads to the death of a loved one, surviving family members are able to seek damages for funeral expenses, loss of financial support, and emotional suffering.


How a Product Liability Lawyer Can Assist

Filing a product liability claim isn't easy and without challenges. Our experienced product liability lawyers at Muller Brazil are here to help you every step of the way.

Comprehensive Case Evaluation: We offer a free consultation to evaluate your case, identify potential liable parties, and determine the best legal strategy.

Gathering Evidence: Our legal team will collect and preserve crucial evidence, including the defective product, medical records, and expert testimonies, to build a strong case.

Expert Negotiation: We have extensive experience negotiating with manufacturers, distributors, and insurance companies to secure fair settlements for our clients.

Aggressive Representation: If a fair settlement cannot be reached, we are prepared to take your case to court. Our trial lawyers will advocate passionately on your behalf to achieve the best possible outcome.

Personalized Support: We understand the emotional and financial toll a product liability injury can take. Our team provides personalized support throughout the legal process, making sure you are informed and confident every step of the way.

Maximizing Compensation: Our goal is to help you recover the maximum compensation for your injuries, including medical bills, lost wages, pain and suffering, and other damages.


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