Products Liability Lawyer in Pennsylvania

Product defects can cause serious injuries. When they do, the responsible party should be held accountable for all damages. Identifying liability and proving the defect caused the harm can be difficult as it often requires technical and scientific knowledge as much as legal skills. 

At Pasquale E Bianculli Esquire PC, we have the resources to provide thorough legal representation for product liability and chemical exposure cases. Our product defect lawyer in Pennsylvania will take on these types of cases and the challenges that flow from them. Contact us at 215-620-7828 to schedule a Free Consultation when we can discuss your case with you. We can assess your case and lay out the best legal options available to you. 

What Constitutes Product Liability?

Product liability is one part of tort law that holds companies accountable for a defective product when it causes harm to another person. The defect is often the result of negligence when designing, making, and selling a product. Successful product liability claims rest on showing that:

1. The company acted negligently.
2. There was a breach of warranty.
3. The breach caused, in part at least, an injury.
4. The injury resulted in monetary damages.

Most product liability claims, however, seek to hold the defendant company strictly liable. That way, the victim can recover compensation without proving that the defendant acted poorly.

Three Theories on Product Defects in Pennsylvania for Strict Liability

If your product defect case puts forth a strict liability claim (as opposed to or in addition to a negligence theory claim), then there are three specific theories under the strict liability umbrella that can be used. 

1. Design Defects

Design defects involve a dangerous condition in the product that is the result of the design of the product. Real examples of design defects include:

• Hernia mesh products where some devices were designed with material or in a wavy that caused erosion, migration, and perforation
• Boppy Newborn Loungers where the poor design caused some newborns to suffocate when they fell asleep
• Peloton Tread Plus+ where the design did not take into consideration a way to prevent children and pets from being pulled under the machine

2. Manufacturing Defects

Manufacturing defects occur when an error is made during the production of the product and this error leads to dangerous differences between the design and the finished result. Some real examples include:

• Auvi-q pens or EpiPens that failed to inject life-saving medicine
• General Motor vehicles with faulty ignition switches that could shut off the engine while driving or disable power steering and brakes
• Dow Corning silicone breast implants that could rupture

3. Marketing Defects

Marketing defects occur when a company fails to warn users about a potential danger of using the product––even if the product was not used for its intended purpose but the use was foreseeable. Examples of marketing defects include:

• Juul vapes when it initially contained no warning about the product containing nicotine
• IVC filters, a surgical device to prevent blood clots, when they came onto the market without a warning to patients that the devices could migrate and penetrate the duodenum
• Paraquat, an herbicide, when it was released into the market without a warning that exposure could lead to Parkinson's Disease

A defendant will put forth defenses. Some of these defenses are common and so you should be aware of them. For example, a defendant of a marketing defect allegation may try to show that a reasonable consumer would not have gotten hurt. A defendant of a design defect allegation may argue that a feasible alternative product design was unavailable to mitigate the risk associated with the current product.

Who Can Be Held Liable in a Product Defect Case in Pennsylvania?

Parties that are often held accountable for defective products are manufacturers, wholesalers, and retailers.

• Manufacturers. These are companies––anything from a one-person company to a multinational corporation––involved in the design and/or marketing of the product. There could also be multiple manufacturers, one for the defective part of the product and another for the defective product itself.
• Wholesalers. These are the middlemen between the makers and the retailers.
• Retailers. These are the ones who sell the product and/or advertise the product for sale, and through these advertisements, they implicitly ensure the product is safe and suitable for use.

When suing a retailer, keep in mind that the injured party:

• Does not have to be the one who bought the defective product
• Does not have to be the one who used the defective product
• Might be able to recover compensation for used products, but it depends on the various circumstances, like state law, the product, and the defect

As it is, any company in the manufacturing and supply chain can be held liable in product defect cases. The key is determining what the defect is and connecting the defect with the injury. This also means that more than one party can be held liable. In fact, it is not a matter (and never is) of choosing one liable party over another party. If there are potentially multiple parties who can be held accountable, that increases your options (in most cases) of obtaining fair and just compensation. 

At the beginning of the case, it is especially important to name all potential parties involved in the chain of distribution. Later, it may become clear that one party may not be liable, but if you fail to add them originally, you may miss an opportunity to collect. The firms of Pasquale E Bianculli Esquire PC and Fritz and Bianculli provide legal representation for those injured by chemical exposure.

HYDROCARBON EXPOSURE | BENZENE DERIVATIVES | HYDROCHLORIC ACID | SPLASH OR LEAKS

Chemical exposure of nearby residents or employees

Do you live near a refinery or an industrial plant that uses highly toxic chemicals in its process? Have you been exposed to dangerous substances at work—benzene derivatives, hydrochloric acid or hydrocarbon? Have you been diagnosed with cancer or respiratory problems? You may have a claim for damages for your exposure to toxic chemicals. It's critical, though, that you select the right attorney to handle your claim.

At Pasquale E Bianculli Esquire PC and Fritz & Bianculli, we have more than 75 years of collective experience handling a wide range of personal injury claims, including cases involving adverse health conditions caused by exposure to chemical substances. We know from experience that a personal injury is just that—it's personal. Your injury and your needs are unique, so we don't have a single process that we use with every client. Instead, we'll take the time to get to know you, to learn exactly what happened and to determine what you need to be made whole again.

Our goal, with every client, is a long-term relationship where you trust us with all your legal concerns and know that you will always be fully informed of any developments in your case. We'll try to address all your legal challenges, and we hope that, even after we've successfully resolved your chemical exposure claim, you'll feel comfortable contacting us about any other legal problems you encounter.

Our Chemical Exposure Liability Practice

At Pasquale E Bianculli Esquire PC and Fritz & Bianculli, we work closely with clients throughout the legal process. We'll conduct a thorough investigation of the facts and circumstances of your case, carefully evaluating and preserving all relevant evidence. 

WE'LL WORK TIRELESSLY TO GET FAIR COMPENSATION FOR YOUR INJURIES

“The One Call To Do It All” is about results. My professional accident investigators will gather vital information to determine cause and to identify liable parties. The sooner case preparation can begin, the more opportunity I will have to effectively litigate or negotiate a settlement on your behalf.

Trust An Experienced, Full-Service Law Firm To Handle Your Personal Injury Claim From Start To Finish. After an injury, a client should not feel abandoned and be left in the dark. They want to know that the matter is progressing in the direction of their desired outcome. Furthermore issues regarding medical treatment, insurance and other matters related to the case must be addressed by counsel. When clients do not receive updates from their attorneys, they begin calling the office and leaving messages that often go without response. This lack of communication is one of the leading complaints received by attorneys from new clients from previous firms. While it maybe just another case to a larger well known firm, to me and my firm it is the most important issue in my client's life. This is one reason I developed “AIRS”, an efficient system for responding to clients and maximizing results. The Accident Injury Response System “AIRS”  provides immediate response once the firm or me personally receives “The One Call To Do It All.” In developing the Accident Injury Response System “AIRS” I provided for the injured client a system which would provide a team of professionals each equipped with their own skills set, from the immediate intake meeting and acquisition of representation agreement and authorization documents with me whether at their home, hospital 24/7 or by Zoom call and emailed appropriately. The documents are provided in the Contact secured section of the website which you can print out and complete. ( Retainer Agreement, Medical Authorization Forms, Client Accident Injury Intake Form.) Upon acquisition of these documents and any other relevant forms and documents to the accident AIRS would be fully implemented by having our team of medical personnel see that the client(s) are receiving the required medical treatment. Depending on the type of accident injury whether a construction versus a motor vehicle the Accident Injury Response System AIRS will promptly be implemented when we receive The One Call To Do It All. We will conduct a thorough and comprehensive investigation accompanied by a subsequent analysis of all cumulative information and evidence utilizing general System protocols, procedures by our knowledgeable and experienced network of professionals. In addition there will be specific detailed accident injury methods of investigation employed through AIRS to ensure an exhaustive investigative process and analysis to support our client third party liability claims for a maximum settlement recovery. If an accident injury presents a workers compensation and third party liability lawsuits, we will maintain consistent and informative communication with client(s) on all third party claim issues as well as with client(s) and with a workers compensation attorney if one is involved to ensure the workers compensation positively impacts on the third party claims we are representing on your behalf. Our personal accident injury attorneys and OSHA trained safety personnel,  photographers, witness interviewers, and staff will rapidly visit the accident site to initiate the System process to protect your rights and maximize your settlement compensation recovery.

Our attorneys will prepare and file all pleadings and other documentation, and we will be staunch advocates for you in all hearings or proceedings.

Our chemical exposure practice includes representation of:

• People who live in proximity to a refinery, industrial or manufacturing facility and have been exposed to toxic chemical substances, either airborne or through groundwater.
• Workers who have been exposed to toxic chemicals, either from a splash or spray, from leaking vapors, liquids or fumes, or from substances they work with in their jobs. We do not handle workers' compensation claims, but will represent you if you have a third party claim against someone other than your employer or a co-employee

If you are uncertain if there's a connection between exposure to toxic chemicals and any health condition you have, or even if your case has already been turned down by another law firm, please call us or contact us by e-mail. In our years in practice, we have been very successful at finding liability where others couldn't. Some of our largest damage awards came in cases that were initially rejected by other attorneys. 

Call Pasquale E. Bianculli today at 215-620-7828 to schedule a free confidential consultation to discuss your personal injury claim

Contact a Product Liability Attorney in Philadelphia Today

Defective products that cause injuries are many. Victims are entitled to compensation for those injuries. At Pasquale E Bianculli Esquire PC, our product defects attorney in Pennsylvania has the skills you need to determine if you have a viable defective product case and, if so, to move that case forward. Contact us at 215-620-7828 for a Free Consultation to learn more about defective product liability and how to get your case started.