Product Liability Law

Injuries Caused by Dangerous Products

The Pennsylvania law firm of Brookman, Rosenberg, Brown & Sandler (BRBS) represents people who have been injured by defective and dangerous consumer products. Product liability law is complex, and our lawyers have the necessary knowledge to assess your potential claim.

Consumer Product Recalls

When defective products are recalled, manufacturers are not shielded from litigation. In fact, a recall is an acknowledgement that the product posed a risk to the public. Many product liability lawsuits are filed after recalls are enacted.

Recent Product Recalls by Pennsylvania Companies

• Food. In August 2010, Cargill Meat Solutions Corp. recalled 8,500 pounds of ground beef that may have been contaminated with a strain of the deadly E. coli bacteria. The dangerous Cargill food products came from the company’s Wyalusing beef processing facility. Only three months earlier, the company settled a lawsuit by a woman who was paralyzed below the waist after consuming tainted meat produced by Cargill.
• Gas boilers. PB Heat recalled 1200 gas boilers in 2008. The boilers may have had a defective switch that posed a risk of carbon monoxide poisoning. The company is based in Bally, Pennsylvania.
• Over-the-counter medication. In April 2010, Ft. Washington-based McNeil Consumer Healthcare recalled several children’s medicines because they did not meet quality standards. Some of the medicines had higher concentrations of their active ingredients than indicated on the label, while other contained unspecified particles. The first lawsuits were filed within months.

Recent National Product Recalls

In 2010, national companies issued recalls and settled lawsuits for defective products including—

• Medical devices. DePuy Orthopaedics, a division of Johnson & Johnson, recalled two hip replacements systems which affected up to 93,000 patients.
• Prescription drugs. Merck & Co. paid nearly $5 billion to the families of people who died after taking the pain reliever Vioxx.
• Toys. Fisher Price recalled nearly seven million tricycles after several incidents of toddlers being injured on the pretend ignition key.

Intended Use Doctrine

The Pennsylvania Supreme Court has established that product liability lawsuits be filed only if the product was being used as intended by the manufacturer. This is a tough legal position which limits the legal recourse of people who misunderstand a product’s instructions, as well as innocent bystanders who are hurt while someone else is using the product. BRBS can determine whether you have a strict liability claim under the intended use doctrine. If not, you still may be able to pursue a warranty claim and punitive damages.

Get Help With Your Product Liability Lawsuit

Manufacturers of consumer goods have a legal responsibility to ensure that their products are safe when used as intended. The Pennsylvania law firm of Brookman, Rosenberg, Brown & Sandler is ready to evaluate your product liability case. Call us today to speak with one of our product liability lawyers at 215-569-4000 or contact the firm for a free consultation.