Defective Design: Defective Product FAQ

Who can bring a defective design suit?

A defective design lawsuit may be brought by or on behalf of an individual injured or killed by a Defective Product against the manufacturer (and possibly the wholesalers, distributors and seller) of the Defective Product.

What types of damages may be sought in a defective design lawsuit?

A person injured due to a defective design may seek compensation for: medical expenses, physical pain and suffering, mental anguish, disfigurement, physical impairment, loss of earning capacity, property damage, and punitive damages. A person killed by a defective design product may seek compensation for wrongful death. It is important to note that the statue of limitations for wrongful death is just two years, rather than the three years generally available where the defective design product inflicts injury but does not result in death.

Do I need a lawyer in a defective design case?

Due to the complexity of a defective design case and the need for expertise in the engineering and scientific fields, any victim of a dangerous product can benefit from the services of a lawyer. Without a lawyer, the chances of recovery are not as good.

If I am seriously injured by an appliance or some other type of mechanical apparatus that is more than two years old, does that mean that the product is too old to have a lawsuit for defective design?

No. A defective design claim must be brought within three years of the time when the accident occurred (two years in Pennsylvania or where a death results). This does not mean that the device responsible for the injury cannot be much older, for example, five, ten or even fifteen years older. The manufacturer's duty will be gauged by the state of the art at the time the product was designed and manufactured.

• What is Defective Design?
• Example of Defective Design
• Defective Product FAQ

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Defective Product Links

• Defective Product - Food and Drug Administration
Complete record of all recalls from the FDA on account of production defects.