Scranton Attorneys Protecting Victims Injured by Defective Products
A dedicated team protecting consumers in Luzerne and Lackawanna Counties
Dangerous, defective, inadequately labeled products are everywhere, unfortunately. As consumers, we should check the products we and our families use prior to purchase or use, but it is ultimately the responsibility of the manufacturer to produce safe products that do not harm us when we use them as intended. If you have been injured by a defective product, The Law Firm of Cognetti & Cimini can help you seek damages and hold the negligent parties accountable in a products liability suit.
Products liability refers to the legal obligation manufacturers and sellers have to ensure their products are safe for consumer use as specified. Manufacturers can be held liable for placing a defective product into the hands of a consumer, resulting in an accident or injury. Products liability cases include a wide range of defects:
- Defective machinery, tools or equipment
- Poorly designed machinery, tools or equipment
- Motor vehicle defects
- Recreational product defects
Those involved in the manufacture, design and/or distribution of a product can be held liable for damage caused by that product. The three types of product defects are:
- Manufacturing defects – Occur in the manufacturing process and usually involve poor-quality materials or shoddy workmanship
- Design defect – The product design is inherently dangerous or useless no matter how carefully manufactured
- A failure to warn – With marketing defects, products carry hidden dangers because they lack adequate warnings to the user.
Warranties and liability
Warranties are assurances made by manufacturers or sellers that the products being offered to consumers will function properly within a given period of time. If those products malfunction within the warranty period, consumers have the right to seek replacements, repairs or reimbursement. Breach of warranty-based products liability claims focus on three areas in which those assurances failed:
- Breach of an express warranty
- Breach of an implied warranty of merchantability
- Breach of an implied warranty of fitness for a particular purpose
These claims can cite negligence, a failure to warn consumers, or be based on strict liability for defective design. The federal government offers a good source for consumers to check for unsafe, hazardous or defective products at Recalls.gov.
Help for your defective product claim
Contact The Law Firm of Cognetti & Cimini for a free initial consultation to determine if you have a case. We can be reached by phone 570.346.0747 or online and offer free initial consultations. Our office is near the Scranton federal courthouse, with parking available. We have flexible appointment hours and handle all cases on a contingency basis.