When a person is injured by a defective product, the seller and/or manufacturer may be required to compensate the victim. A product liability claim should be pursued if the product lacked an element necessary to make it safe for its intended use, the vendor or manufacturer misrepresented the goods or products, caused a breach of warranty, and/or was negligent. Such claims come under three main categories: design defects, manufacturing defects, and failure to warn cases. Products causing injury can include household appliances, automobiles, industrial and work-place equipment, and airplanes. Liability can arise due to a product's formula, preparation, assembly, installation, testing, warnings, instructions, marketing, packaging, or labeling.
As our tort law has evolved, the question of negligence has been eliminated entirely from certain product liability cases. Now, in certain cases, a plaintiff is only required to demonstrate that the product caused an injury due to the defect -- the reason for the defect is irrelevant. If you have been injured by a product, contact the Law Firm of Duffy + Fulginiti. You can count on our firm's experience and proven success record to assist you in obtaining the compensation you deserve.
Duffy + Fulginiti has successfully pursued product liability claims against national and international manufacturing companies resulting in significant victories for our clients. The firm has received the Bar Register of Pre-eminent Lawyers in the field of Product Liability law by Martindale-Hubbell.
- In Rice, the Superior Court affirmed a $12,400,000 verdict (obtained in addition to a $3,500,000 settlement previously received) which, combined with interest and delay damages, totaled over $22,500,000. This affirmation was for the retrial of a 2006 case, where Duffy + Fulginiti’ client Leroy Rice, a forklift operator who was crushed and partially paralyzed by pallets of frozen food when the warehouse racking he was working near collapsed upon him, was awarded a $10,600,000 verdict and $3,500,000 settlement.
- In Nguyen, a 53-year-old farmer, a husband and father of five, suffered second and third degree burns on 25% of his body following a portable stove malfunction. The firm, along with its product experts, cited issues with packaging, labelling, and a lack of instructions (both in the package and from the seller). The seller tendered its full $1,000,000 insurance policy, and the firm also secured a $9,300,000 verdict against the manufacturer.
- In Eap, a $7,000,000 combined policy limits settlement was reached for a 34 year old small business owner rendered a paraplegic when a slab of stone fell upon him from a table used to fabricate stone into decorative countertops. The settlement was obtained from the table manufacturer and two distributors.
- In Straub, Duffy + Fulginiti obtained a $4,500,000 verdict in favor of Doug Straub, a construction worker, and his wife, Carol. Mr. Straub suffered many broken bones and a closed head injury following the failure of a sewer plug which exploded, breaking bones in his face, arms and legs. The verdict was appealed to the Pennsylvania Supreme Court twice and was ultimately affirmed resulting, with delay damages, in payment of approximately $6,500,000. The verdict was reported as one of the largest verdicts in the State that year.
In Rivera, Duffy + Fulginiti secured a settlement, of which $1,175,000 million was not confidential, for a client who suffered a workplace injury due to a product malfunction. The plaintiff, a supervisor at a business that assembled chassis for a trucking company, was assisting a coworker adjusting an arm on a driveshaft manipulator when the arm collapsed, inflicting crushing injuries on his dominant hand. The injuries necessitated four surgeries and forever altered his ability to work and live. Despite the presence of warning language in an operational manual, the firm argued that the manipulator was defective based on its design, manufacture and lack of posted warnings regarding use.