Were you recently injured while using a defective or unreasonably dangerous product in Chambersburg, Pennsylvania? Let Marzzacco Niven & Associates help you hold the company behind the product accountable for the harm and suffering you’ve endured. Our experienced Chambersburg product liability lawyers are ready to help you fight to get every dollar you deserve.
Since 2008, our top-rated litigators have fought on behalf of injured consumers and worked hard to make sure that corporations play by the rules. We’ve led our clients to tens of millions of dollars in monetary awards in the process.
Benefit from a team with 120+ years of experience and the passion you deserve behind your product liability claim. Your first consultation is free, so give us a call at (717) 388-2378 to get started today.
How Marzzacco Niven & Associates Can Help With Your Product Liability Claim in Chambersburg
It can be challenging to go up against a company of any size. In many cases, product liability claims involve large corporations that are well-funded and well-represented by teams of defense attorneys. It’s important to put yourself on equal footing, which is where our Chambersburg personal injury lawyers can help.
We have the vast resources, in-depth knowledge of Pennsylvania product liability law, and experience you’ll need to level the playing field and maximize your recovery.
As we navigate your product liability claim, our top-rated Pennsylvania trial attorneys will:
- Identify the defect or hazard that made the product unsafe
- Determine if the product has had similar issues in the past or been named in other product liability claims
- Find out if the product has been recalled
- Gather evidence – including product designs, manufacturing records, inspection reports, photographs, video, medical records, and witness statements
- Interview industry experts and specialists
- Defend against claims that you weren’t using the product as intended
- Handle negotiations with the product manufacturer or its insurance company
- Reject lowball offers and bring your product defect claim to a jury in Franklin County, if necessary
Our law firm works on contingency, so there’s no risk in asking for our help. There are no upfront costs, and you only pay if we win your case. If we don’t win, you don’t pay – end of story.
Contact our law office in Chambersburg, PA, today to arrange a time for your free case evaluation.
What Is Product Liability?
Thousands of products are sold in Chambersburg and across the nation every day. There’s simply no way to ensure that each and every product that’s marketed and sold to consumers is safe. So, Pennsylvania puts the responsibility for safety on the manufacturer.
State product liability laws provide that a company can be held strictly liable if a product it designs, manufactures, or sells is defective and causes an injury or death.
Strict liability means that responsibility for injuries attaches regardless of how careful the company was as it created, assembled, or marketed the product. If you can prove that a product was defective and that the defect contributed to an injury, you can win damages in a product liability lawsuit.
What Are the Three Types of Product Liability Cases?
There are three main types of product defects: design, manufacturing, and marketing (failure to warn).
A design defect exists when a product is inherently unsafe. There’s a flaw or problem with its design that makes it unsafe for consumers, no matter how carefully it’s assembled or how thoroughly it’s tested.
For example, Roundup weedkiller lawsuits claim that the pesticide has a defective design because its main ingredient, glyphosate, is a known carcinogen.
In a design defect case, you must prove that there was a reasonably safe alternative. For instance, swapping out glyphosate for another chemical that isn’t known to cause cancer and that wouldn’t make the product less effective.
Sometimes the way a product is assembled, built, or constructed strays from its design. When this makes the product unsafe, it suffers from a manufacturing defect.
For instance, a company might mistakenly use the wrong size bolts to assemble a piece of heavy machinery, causing it to come apart while it’s being used. The problem would have been avoided if the proper-sized bolts had been used.
Companies must disclose known risks associated with the use of a product that aren’t open and obvious. If a company discovers a potential hazard or knows about a risk that consumers probably wouldn’t identify, it has a legal obligation to pass that information along.
A company can face punitive damages in a product liability lawsuit if it intentionally hides known side effects or hazards from consumers.
What Do I Have To Prove To Win a Product Liability Lawsuit?
Since most product liability claims are based on strict liability rather than negligence, it’s important to understand what you’ll have to prove to win your case.
You must establish:
- The company designed, manufactured, and/or marketed the product
- The product suffered from a defect
- The defect directly contributed to your injury, and
- You were using the product as intended or in a reasonably foreseeable way
The elements of your case must be proven by a preponderance of the evidence, which is the burden of proof for civil cases in Pennsylvania.
Typically, you’ll need the insight of industry experts and specialists to prove your claims. Our attorneys will consult with top professionals to build a strong claim on your behalf.
What Damages Can I Win in a Chambersburg Product Liability Case?
Under Pennsylvania state law, plaintiffs in product liability cases can pursue compensatory damages for their financial losses and the suffering they’ve endured.
Commonly awarded compensatory damages include:
- Medical bills
- Nursing care
- Personal care assistance
- Medical devices and equipment
- Lost wages
- Lost job opportunities
- Pain and suffering
- Loss of consortium
- Reduced earning capacity
- Out-of-pocket expenses
Our award-winning product liability attorneys in Chambersburg will carefully evaluate your case so that we fully appreciate how your life has changed since your accident. We’ll dig into the details and really get a sense of the suffering you’ve experienced. Paired with expert insight, our team will be ready to aggressively negotiate a result that really represents what your product liability case is worth.
Defective Products Can Cause Catastrophic Injuries
When a product malfunctions or poses a concealed threat, it can cause life-changing trauma.
Call our attorneys for assistance if a defective product has caused:
- Nerve damage
- Brain injury
- Spinal cord injury
- Back injury
- Neck injury
- Soft tissue damage
- Vision or hearing loss
- Broken bones
- Joint injury
- Catastrophic injury
- Wrongful death of a family member
Always seek medical care at the closest hospital in Chambersburg after suffering an injury. Prompt treatment can be the difference between life and death, especially if you’ve experienced internal injuries that are difficult to see.
We Handle All Types of Product Liability Cases in Chambersburg, PA
At Marzzacco Niven & Associates, we handle clients in product liability cases involving defective:
- Household appliances
- Pesticides and chemicals
- Personal care products, including talcum powder
- Medical devices, including hernia mesh and IVC filters
- Medical equipment
- Prescription medication, including birth control
- Over-the-counter medication, including proton pump inhibitors
- Heavy machinery
- Vehicle components, including brakes and airbags
Reach out to a member of our legal team if you or a family member has been injured because a product you purchased was defective. We can help you understand your legal rights and begin to work on a strong claim for damages on your behalf.
How Long Do I Have To File a Product Liability Lawsuit in Pennsylvania?
A two-year statute of limitations applies to cases involving defective products in Pennsylvania.
The state’s discovery rule applies, so the clock begins to tick when you know (or should have known):
- You’ve been injured, and
- Your injury was caused by someone else.
So, if your injury isn’t evident right away, the statute of limitations is tolled until it’s diagnosed. This can be common in cases involving defective medical devices, equipment, or medications, where injuries tend to be internal.
Once time is up, you lose the right to recover the compensation you deserve. Don’t delay in reaching out to our skilled legal team to get a jump start on your product liability case today.
Arrange a Free Consultation With a Chambersburg Product Liability Lawyer
Did you recently get hurt because a product you purchased was defective? Contact Marzzacco Niven & Associates. You may have the right to file a claim for damages, and our Chambersburg product liability attorneys are here to help you get the financial award you deserve.
When our attorneys are involved, other parties take note. We have over 120 years of combined experience and have won millions in tough cases like yours. Call our law office to learn more.
Your first case evaluation is always free, and a member of our team is available to provide assistance today.