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Date: 04-12-2023
Case Style:
Case Number: 2:18-907
Judge: Gerald J. Papper
Court: United States District Court for the Eastern District of Pennsylvania (Philadelphia County)
Plaintiff's Attorney:
Defendant's Attorney: Christopher R. Boisvert and Robert C. Heim
Description: Philadelphia, Pennsylvania personal injury lawyer represented Plaintiffs who sued Defendant on product liability
"Pennsylvania product liability law is a complex area of law that governs the rights of individuals who have been injured by defective products. Under Pennsylvania law, a product is defective if it is not reasonably safe for its intended use. This means that the product must be free from defects that could cause harm to the user.
There are three main types of product liability claims in Pennsylvania:
Manufacturing defect claims: These claims allege that the product was defective when it left the manufacturer's control. This could be due to a flaw in the product's design, materials, or manufacturing process.
Design defect claims: These claims allege that the product was defective because it was not designed in a safe manner. This could be due to a flaw in the product's overall design or a specific feature of the product.
Failure to warn claims: These claims allege that the manufacturer failed to provide adequate warnings about the risks associated with the product. This could be due to a failure to include warnings on the product itself or a failure to provide adequate instructions or warnings to users.
To be successful in a product liability lawsuit in Pennsylvania, the plaintiff must prove that:
The product was defective.
The defect caused the plaintiff's injuries.
The plaintiff was using the product in a foreseeable manner.
The manufacturer was negligent in the design, manufacture, or sale of the product.
If the plaintiff can prove all of these elements, they may be entitled to recover damages for their injuries, including medical expenses, lost wages, pain and suffering, and emotional distress.
If you have been injured by a defective product, it is important to speak with an experienced product liability attorney as soon as possible. An attorney can help you understand your legal rights and options and can represent you in a lawsuit against the manufacturer or other responsible parties.
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Outcome: ORDER THAT THE STIPULATIONS ARE GRANTED. THE CLERK OF COURT IS DIRECTED TO REMOVE THE CASE FROM THE CIVIL SUSPENSE DOCKET AND TRANSFER IT TO THE ACTIVE DOCKET. THIS ACTION IS DISMISSED. THE CLERK OF COURT SHALL CLOSE THIS CASE. SIGNED BY HONORABLE GERALD J. PAPPERT ON 4/12/23. 4/12/23 ENTERED AND COPIES E-MAILED.(amas) (Entered: 04/12/2023)
Plaintiff's Experts:
Defendant's Experts:
Comments: