Philadelphia Product Liability Attorneys Choose Best Course

In Philadelphia, many products liability cases are unfortunately dismissed because plaintiffs discard their key physical evidence. It’s very important to hang on to all evidence that shows proof of purchase and proof of injury. Here’s why:
  • In 1991, a plaintiff named Roselli sued the General Electric Company for making a coffeemaker product defect. Unfortunately, the plaintiff lost evidence supporting his claim against GE. The Superior Court determined with the absence of the broken coffeemaker, it was difficult for the defendant to refute claims; as a result, the court agreed with the lower court decision that the matter should be dismissed.
  • Two years later, the matter DeWeese v. Anchor-Hocking came before Superior Court. The plaintiff had been hurt by a product defect from a glass pitcher. Immediately following the accident/injury, he unfortunately discarded the fragments of the pitcher. Similar to Roselli’s case, the Superior Court found since the plaintiff had discarded key physical product defect evidence to mean that the defendant couldn't provide an active defense; so the case was dismissed.
Products liability legal claims can be based on negligence, strict liability, or breach of warranty. The course of action your Philadephia product liability attorney will take really depends on which claim is most appropriate to your case and the degree of products liability proof you and your Philadephia product attorney can establish.

For instance, a strict liability tort must prove that you, as a victim, was injured by a product defect and that the product was defective when it left the hands of the retailer or manufacturer. Proving negligence, on the other hand, forces the plaintiff to prove the same two elements plus an additional element, namely, that the product defect in the product was due to negligence of the defendant.

As your Philadelphia product liability lawyer will inform you, strict liability is imposed against the manufacturer and in favor of the user or consumer in order to relieve injured consumers "from problems of proof inherent in pursuing negligence ... and warranty ... remedies, ..." (Greenman v. Yuba Power Products, Inc.)
Don’t be a victim. Let our Philadelphia product liability lawyers advise you on best course of action.

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