PRACTICE AREA
Products Liability
experts
Your Advocates in Products Liability : Kornblau Law
At Kornblau Law, we understand the profound impact of injuries and losses caused by defective products.
Our dedicated team specializes in a wide range of product liability cases across Pennsylvania and New Jersey, providing expert legal counsel and robust representation for those harmed by product defects.
Comprehensive Product Liability Expertise
Our firm’s expertise spans various product categories, ensuring that no matter the complexity of your case, we have the knowledge and experience to advocate effectively on your behalf:
- Pharmaceutical Drugs: Tackling cases involving prescription and over-the-counter medications that lead to severe side effects, long-term health consequences, or even fatalities.
- Medical Devices: Addressing the harm caused by defective medical devices, including implants and pacemakers, which can necessitate additional surgeries and cause lasting health issues.
- Automotive Defects: Focusing on vehicle component failures, such as airbags and brakes, that result in serious accidents and injuries.
- Child Products and Toys: Advocating for the youngest victims affected by unsafe children’s products and toys, ensuring justice for injuries or tragic losses.
- Chemical and Toxic Substance Exposure: Representing individuals and communities exposed to harmful chemicals, whether in the workplace, at home, or in the environment.
- Electrical and Electronic Products: Addressing the dangers of faulty electronic devices, from household appliances to personal gadgets, that lead to fires, explosions, or electrocution.
- Household Appliances: Handling cases where everyday appliances malfunction, causing property damage or personal injury.
Outdoor and - Gardening Equipment: Assisting those injured by defective outdoor tools and machinery, ensuring accountability for design or manufacturing flaws.
Tailored Legal Approach for Each Client
At Kornblau Law you are more than just a case number. We treat each client as an individual, understanding your unique circumstances and the specific impacts of your experience.
Our approach combines thorough legal expertise with personalized attention, ensuring your story is heard and your rights vigorously protected.
Fighting for Full Compensation
We are committed to helping you recover maximum compensation for your losses, including medical expenses, lost wages, and compensation for pain and suffering.
Our extensive experience in product liability law means we are well-equipped to take on big corporations and insurance companies, leveling the playing field for you.
Frequently Asked Questions
What is my case worth?
Determining the value of your case begins with an assessment of how likely it is that an insurance companyor jury will find the Defendant liable based on the available evidence. If it appears highly likely that the defendant will be deemed liable, you can expect a stronger offer from the insurance company. Conversely, if the evidence pointing to the defendant’s liability is weaker, the likelihood of receiving a substantial settlement offer diminishes, as you can only claim damages if the defendant is found liable.
Once liability is evaluated, the next crucial factor is assessing your damages, which are the legally recognized losses for which you can receive monetary compensation. Typical damages include medical expenses, loss of income, pain and suffering, scarring, disfigurement, as well as embarrassment, humiliation, and loss of enjoyment in life.
The more robust and well-supported your evidence is for these damages, the higher the potential value of your case.
This assessment is critical in providing a clearer picture of what you might expect in terms of compensation.
How long will my case take?
As Plaintiff’s attorneys, our approach is always proactive and assertive, consistently applying pressure on the Defendants to keep the momentum in your favor. However, the duration of litigation
can vary significantly. Generally, it ranges from one to several years, influenced by factors such as the case’s complexity, the specific jurisdiction or county in which the case is being tried, and the nature of the case itself.
We diligently work to expedite the process wherever possible, while ensuring that no detail is overlooked in the pursuit of the best possible outcome for you.
In instances where a settlement can be negotiated prior to formal litigation, the timeline can be considerably shorter, potentially resolving the matter in under a year. It’s important to note that while we strive for efficiency, our primary focus is always on the thoroughness and quality of representation. We balance the urgency of resolving your case promptly with the necessity of ensuring that every aspect is meticulously handled to maximize your chances of a favorable outcome.
Will I be given updates on my case?
Absolutely, and with regular frequency. One of our dedicated attorneys will maintain consistent communication with you, providing updates on both your treatment status and any significant developments in your case. We understand that staying informed is crucial for your peace of mind, and we ensure that you’re never left wondering about the status of your legal matters.
In addition to these scheduled updates, our team is always accessible for any questions or concerns you might have. We make it a point to be available to address your needs promptly.
Should you reach out via call or email, you can expect a swift response from our team, unless we are actively engaged in a trial. Even in such instances, we ensure that your queries are
attended to at the earliest opportunity.
We also proactively reach out to you with important information and key milestones in your case, ensuring you’r not just aware of the progress but also understand the implications of each development.
Our commitment to open and transparent communication extends to providing clear explanations and guidance, so you are empowered with knowledge about your case every step of the way. Your confidence and understanding are as important to us as the legal outcomes we seek on your behalf.
What do you charge?
Our fee structure is designed to be as client-friendly as possible. We operate exclusively on a contingency fee basis. This means that our professional fees are contingent upon the successful resolution of your case – if we don’t win or settle your case, you owe us nothing.
The specific percentage of our contingency fee varies, based on factors such as the state’s legal requirements, the complexity of your case, and whether the case involves a minor. These aspects are carefully considered to determine a fair and appropriate fee for each individual case. However, the fundamental principle remains the same: there are no
upfront costs for you, and we are compensated only from the recovery we secure on your behalf.
This approach ensures that high-quality legal representation is accessible to you without the immediate financial burden, and it aligns our goals with your best interests. We are invested in achieving the best possible outcome for you because our success is directly linked to yours.
How do I know if I have a valid products liability claim?
In Pennsylvania and New Jersey, a valid products liability claim typically requires proving that a defect in the product made it unreasonably dangerous and directly caused your injury. There are three primary types of defects that can support a claim. A design defect means the product’s very design is unsafe, making every unit of the product inherently risky—such as a vehicle model prone to rollovers. A manufacturing defect occurs when a product is designed safely but a flaw arises during production, making only certain units dangerous, like a batch of improperly assembled car seats. The third type is a failure to warn or marketing defect, where a product lacks adequate warnings or instructions to ensure safe use, leading to injury if used without full awareness of its potential risks.
To pursue a products liability claim, you must show that the defect was present when the product left the manufacturer or seller, that you were using the product as intended or in a reasonably foreseeable way, and that the defect directly caused your injury. Pennsylvania and New Jersey follow strict liability in products liability cases, meaning you don’t have to prove negligence; you only need to show that the defect existed and caused harm. Consulting a products liability attorney can help assess whether your case meets these requirements and guide you through the legal process.
Who can be held responsible in a products liability case?
In a products liability case, several parties involved in the product’s chain of distribution can be held responsible, including manufacturers, distributors, wholesalers, and retailers. Pennsylvania and New Jersey both follow strict liability principles, which means each party that played a role in bringing the defective product to consumers may be liable, regardless of whether they were directly negligent.
The manufacturer is often the first point of liability since they design and produce the product. However, liability can also extend to distributors and wholesalers, who play a role in moving the product from the manufacturer to the marketplace. Retailers can also be held responsible, even if they didn’t create the product or know of the defect. The idea is that each link in the distribution chain has a responsibility to ensure the product’s safety before it reaches consumers.
If a product is found to be defective and causes injury, any of these parties may be held liable for damages. Consulting an experienced products liability attorney can help identify all potentially responsible parties and pursue fair compensation across the distribution chain.
What should I do if I’m injured by a defective product?
If you’re injured by a defective product, there are several immediate steps you should take to protect both your health and any potential legal claim. First, seek medical attention for your injuries to ensure they are properly documented and treated. Medical records will be crucial evidence if you decide to pursue a claim.
Next, preserve the product and any related materials, including packaging, instructions, or warning labels. Do not attempt to repair or alter the product, as it’s important for experts to examine it in its original state to assess any defects. If possible, take photos of the product and your injuries, which can serve as valuable documentation of the defect and its impact.
You should also report the injury to the manufacturer or retailer. Avoid giving detailed statements, but make a record of your communication. Additionally, keep receipts and purchase records for the product, as they will help establish when and where you bought it. Finally, consider consulting a products liability attorney who can evaluate your case, guide you through the legal process, and help ensure you receive fair compensation for your injuries.
What’s the difference between a design defect and a manufacturing defect?
A design defect and a manufacturing defect are two distinct types of flaws that can make a product dangerous and form the basis of a products liability claim. A design defect means that the product’s very design is inherently unsafe. In other words, every unit of the product is dangerous, even if manufactured correctly. For example, if a car model has a high risk of tipping over due to its center of gravity, this risk would be present in all cars of that model, making it a design defect.
In contrast, a manufacturing defect occurs when an error is introduced during the production process, causing only some units to be dangerous while others are safe. This defect arises because something went wrong in the assembly, construction, or quality control process. For instance, if a batch of bicycle helmets is produced with substandard materials, making them prone to breakage on impact, this would be a manufacturing defect.
In both cases, the product can be considered unreasonably dangerous, but the type of defect affects how liability is assessed. A products liability attorney can help evaluate whether a defect was in the design or manufacture, which can be important when determining liability and pursuing compensation.