Lawsuits involving Defective products require an understanding of both the law of negligence, but also the law of strict liability.  In prosecuting defective product case, the law permits a victim to make claim if either the manufacturer was negligent in the design or manufacturing of the product, or if the product was simply defective despite the manufacturer’s  reasonably efforts to design or manufacture the product safely. 

    Claims involving product defects are usually prosecuted pursuant to the Restatement (Second) of Torts § 402A, which is also know as strict liability. The Restatement (Second) of Torts § 402A was adopted in Pennsylvania by Webb v. Zern, 422 Pa. 424, 220 A.2d 853 (1966) and states:

One who sells any product in a defective condition unreasonably dangerous to the user or consumer or to his property is subject to liability for physical harm thereby caused to the ultimate user or consumer, or to his property, if the seller is engaged in the business of selling such a product, and it is expected to and does reach the user or consumer without substantial change in the condition in which it is sold.

    This rule applies although the seller has exercised all possible care in the preparation and sale of his product, and the user or consumer has not brought the product from or entered into any contractual relationship with seller.

    Initially, products liability litigation centered on manufacturing rather than design defects or inadequate warnings. The primary difficulty for the plaintiff in such manufacturing defect cases was that despite an obvious defect that affected the safety of the final product, there were often insurmountable obstacles to proving that the manufacturer failed to exercise due care in the manufacturing process, which would be necessary in any cause of action grounded in negligence. One of the primary objectives of § 402A, therefore, was to relieve plaintiffs of that burden by focusing on the product itself, not the manufacturer's user" because doing so would improperly import negligence concepts into strict liability law.

    Strict liability examines the product itself and rejects any consideration of the reasonableness of the conduct of the manufacturer. In contrast, the negligence cause of action revolves around an examination of the conduct of the defendant.

    Robert F. Ferrara has prosecuted many product liability lawsuits, including claims involving defective automobiles and component parts, forklifts, industrial lifts, medical devices, lawnmowers, construction equipment and pharmaceutical drugs. By pursuing claims under the Strict Liability Theory, the focus of the claims centered upon whether the product was simply defective.

    If you believe that you or a loved one was injured by a defective product, it is imperative that you preserve the product in its original condition and immediately consult an experienced attorney. 

Ferrara Law Offices offers a free consultation.  If your case is accepted, you pay nothing until you are paid for your loss.