Every day, children as well as adults are involved in accidents caused by someone else’s negligence or by dangerous and defective products. When these accidents result in injuries or deaths that could have been prevented, the negligent individuals or entities or the producers and distributors of the defective products may be held liable in personal-injury or products-liability actions for the damages suffered by the injured victims or the deceased victims’ families.
If you have been injured or one of your family members has died as a result of an accident caused by someone’s negligence or a defective product, you may be entitled to compensation through legal action. The Killino Firm’s Pennsylvania accident lawyers have extensive experience with all types of accident cases, including those arising from accidents caused by medical malpractice, negligent driving, the negligence of business and other premises owners, and the use of or exposure to defective products. Call The Killino Firm at 877-875-2927 for a free evaluation of your case and additional information about your legal rights and options.
Legal Liability for Accident Injuries or Deaths Caused by Negligence
Negligently caused accidents may occur in any number of situations. Truck, car, motorcycle, and other motor-vehicle accidents, for example, may be caused by the negligence of one or more drivers and lead to the liability of those drivers for the resultant damages suffered by injured victims or deceased victims’ survivors. The negligence of a physician in failing to diagnose a patient’s illness, of a daycare center in hiring incompetent employees, or of a business owner in failing to take reasonable care to ensure the safety of business premises are only a few of the many instances of negligence that can accidentally cause others’ injury or death.
Under Pennsylvania law, a plaintiff in a negligence personal-injury or wrongful-death action must prove that a defendant or defendants owed a duty to the accident victim to exercise reasonable care for the victim’s safety, that the duty of care was breached (i.e., that the defendant or defendants were negligent), and that the negligence was a cause of the accident victim’s injury or death. Damages that may be recoverable by plaintiffs in such actions may include compensation for medical expenses, lost wages, lost earning potential, physical, occupational, and other therapies, and other expenses and losses incurred or to be incurred in the future as a result of the victim’s injury. When an accident victim dies as a result of his or her injuries, the victim’s survivors, which may include the victim’s spouse, children, and parents under Pennsylvania law, may be entitled to certain damages suffered by the survivors as a result of their family member’s death, such as the loss of support the survivors would have received from their family member if the family member had lived.
Liability for Accident Injuries and Deaths Caused by Defective Products
Accidents and resultant injuries and deaths are also frequently caused by accident victims’ use of or exposure to dangerous and defective products. Under Pennsylvania law, the manufacturer and other entities involved in a defective product’s production and distribution may be held strictly liable for accident injuries and deaths determined to have been caused by the product’s defect. Strict liability means liability without fault and allows a products-liability plaintiff to establish defendants’ liability for injuries caused by their defective products without having to show that any of the defendants was negligent in producing the product or releasing it to consumers.
If a product is found to have contained a defect in its design, manufacture, or warnings at the time the product was sold as well as at the time the victim’s injury-causing accident occurred, if the product was being used as intended or as expected to be used at the time the injury-causing accident occurred, and if the product defect is found to have been a cause of the victim’s injury or death, the manufacturer and other entities in the product’s chain of production and distribution may be required to compensate the injured victim or deceased victim’s family for the damages they have suffered as a result. Defective products that have often led to such defendants’ strict liability include defective automobiles and automobile safety equipment, defective toys and other children’s products, defective household products and equipment, defective tools, defective products including hospital equipment, and defective workplace machinery and equipment.
If you or one of your family members has been injured in any kind of accident due to someone’s negligence or a defective product, The Killino Firm’s Pennsylvania accident attorneys can help you obtain the compensation to which you and your family are entitled. Contact us at 877-875-2927 for aggressive and experienced assistance with your accident case.