What are the different types of product liability claims?
In Pennsylvania, there are three main types of product liability claims: design defect, manufacturing defect, and failure to warn. Design defect claims allege that the design of the product was inherently defective and caused harm. This type of claim focuses on the product as it was manufactured and allows the injured party to recover damages from the manufacturer. Manufacturing defect claims allege that the product was made with a defect that caused an injury. These claims focus on the manufacturing process and hold the manufacturer liable for any deficiencies in the product’s design or construction. Failure to warn claims allege that the product lacked adequate warnings about its potential dangers and that the consumer was injured as a result. These claims take into account the product’s potential danger and what the manufacturer should have known about it. Dangerous Products Law in Pennsylvania also protects consumers from dangerous drugs and medical devices. This type of product liability claim is called a products liability claim based on strict liability. These claims focus on the negligence of the manufacturer for making a defective product and not adequately warning consumers about its dangers. In Pennsylvania, there are also product liability claims based on breach of warranty. These claims allege that the manufacturer breached an explicit or implied warranty that was written on the product’s packaging or promised to consumers at the time of purchase. In order to succeed on this type of claim, the consumer must be able to prove that the product did not live up to the warranties given. By proving this, the consumer can receive damages from the manufacturer.
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