Do You Have to Own the Defective Product to File a Product Liability Claim?
When you own a product and it malfunctions and you are harmed, it’s pretty straightforward that you have a claim against that manufacturer or marketing company for the damages you suffered. But what if you were borrowing a product from someone you know and were injured by its defects? Do you still have grounds for a product liability claim?
With a product liability lawyer from Shrager & Sachs on your side, you can feel confident in your claim and know that we are fighting to get justice for you. The negligent manufacturer or marketing company who was responsible for your defective product harming you should be held accountable for their actions so they can’t hurt anyone else.
Let’s take a look at what legal options you have if you didn’t own the defective product that injured you.
Product Liability Law
When a plaintiff brings on a product liability claim, they typically must prove certain aspects. Here are the key elements that a person must prove in order to have a claim against the manufacturer of the defective product that harmed them:
- The product was defective.
- The defective product caused them harm.
- That harm led to injuries and damages.
In Pennsylvania, sellers and manufacturers are held to strict liability for their products. This means that consumers who were harmed by their products do not have to prove that the seller or manufacturer was negligent and that they were not negligent in order to have a claim. The consumer can hold the seller or manufacturer liable for the defect and subsequent injury just based on it being defective.
All of that being said, it’s not essential to prove that you purchased the product in order to file a claim for its defects and the injuries they caused you. If your friend was the person who owned the product and it still injured you, then you can file a claim against the manufacturer or seller because they were liable.
Regardless if you purchased the defective product or you were borrowing it from a friend or family member, you could use the help of an attorney to get you the compensation you deserve. Let’s take a look at what you might be entitled to recover for your damages.
What Damages Can You Recover?
When you’ve been injured by a defective product, it’s likely you’ll want to recover compensation for the damages you incurred. Here’s what a product liability attorney can help you recover when you file a claim against the company, manufacturer, or seller responsible for the defective product:
- Medical bills
- Treatment costs
- Medical equipment costs
- Pain and suffering
- Loss of enjoyment of life
- Loss of consortium
- Lost wages
- Lost earning capacity
The damages listed above are economic and noneconomic. The economic damages come from real costs that you incurred from your injuries, and the noneconomic damages are more abstract costs that you suffered.
If the company or seller was reckless or egregious with their negligence, you might even be able to recover punitive damages. Your lawyer will help you figure out which kinds of damages apply best to your claim and calculate how much you’re owed so that you don’t settle for less than you deserve.
Shrager & Sachs Will Fight for You
When you use a product, you expect it to be safe and work as advertised. When it ends up malfunctioning and causing you harm, you shouldn’t have to deal with the injuries and costs on your own. With the help of Shrager & Sachs, you can get the compensation you deserve for your damages.
Our Philadelphia product liability lawyer can help you file a claim against the responsible party so that they can be held responsible for their negligent actions. We’ll investigate what happened and determine what you should receive in compensation. We’re prepared to fight for your rights and get you justice. Contact us today so we can talk about your legal options moving forward.