Free consultation with an injury lawyer. Call 412-802-6666, text 412-855-5511, or send us a message.
Injured by a product that should have been safe? The company that made it may be responsible.
Since 1997, the attorneys at Flaherty Fardo Rogel & Amick have represented injured people and their families throughout Pittsburgh and Western Pennsylvania. We work closely as one team. Every case that heads toward trial has the whole team behind it.
When we bring products into our homes, cars and workplaces, we expect them to work as intended without an unreasonable risk of injury. When a defective product hurts someone, Pennsylvania law allows the injured person to recover from the companies that put it on the market. The same legal principles apply whether the product is a hair dryer or a vehicle with faulty brakes.
If a Product Injured You: What to Do
- Get medical care right away.
- Keep the product and every piece of it. Do not repair it, return it or throw it away. The product itself is often the most important evidence.
- Save the packaging, instructions, receipt and warranty.
- Photograph the product, the scene and your injuries.
- Do not send the product to the manufacturer or its insurer for “inspection.” Call a lawyer first.
Three Kinds of Product Defects
- Design defects. The product is dangerous because of the way it was designed, even when it is made exactly as intended.
- Manufacturing defects. Something went wrong when this particular product was made, so it differs from the design.
- Failure to warn. The product has a risk that is not obvious, and the company failed to give adequate warnings or instructions.
Products That Commonly Cause Injury
- Cars, trucks and ATVs, and their parts, such as brakes, tires and airbags
- Power tools and heavy machinery
- Automotive and industrial equipment
- Exercise and recreational equipment
- Furniture, appliances, electronics and building materials
- Food products and pharmaceutical drugs
Pennsylvania Rules You Should Know
- Strict liability. Pennsylvania follows Section 402A of the Restatement (Second) of Torts. In a strict liability case, you generally do not have to prove the company was careless. You must prove the product was defective and the defect caused your injury.
- How a defect is shown. Under the Pennsylvania Supreme Court’s decision in Tincher v. Omega Flex (2014), a defect can be shown by proving the product was more dangerous than an ordinary consumer would expect, or that its risks outweighed its usefulness, or both.
- More than one company. When several defendants share responsibility, each generally pays its own share. A defendant found 60% or more responsible can be required to pay the full award.
- Deadline. Most injury lawsuits must be filed within two years. Claims against a government agency, such as a city, township, PennDOT or a transit authority, require written notice within six months, and immunity laws limit some claims.
- No cap on compensatory damages in cases against private parties, such as drivers, businesses and manufacturers.
How We Build Product Cases
- Protect the product. We preserve it and arrange for testing under agreed procedures so evidence is not lost.
- Experts when they matter. Engineers and other qualified consultants examine the design, manufacturing and warnings.
- Find every responsible company, from the manufacturer to parts suppliers and sellers, including foreign companies.
- Recalls and history. We look for recalls, prior complaints and similar incidents.
- Prepared for large companies. Manufacturers have legal teams ready to defend these claims. We build each case for trial from the start.
What You Can Recover
- Past and future medical expenses
- Lost wages and reduced earning capacity
- Pain, suffering and loss of life’s pleasures
- Scarring and disfigurement
- Wrongful death and survival damages for families who lost a loved one
Representative Results
- More than $700,000 in a product liability case against an international equipment manufacturer, after extensive discovery that included depositions of key witnesses abroad
See more case results. Every case is different. Past results do not guarantee or predict a similar outcome.
Related Cases We Handle
Talk to an Injury Lawyer
Every case starts with a conversation with a lawyer. We will tell you honestly whether you have a case and what it may be worth. Our injury cases are handled by Noah Fardo and Bill Rogel, working with Shawn Flaherty.
Call 412-802-6666 or email Managing Partner Noah Fardo at npf@pghfirm.com. Prefer to text? Use 412-855-5511. More answers: Personal Injury FAQ.
There is no fee unless we obtain a monetary recovery. We advance the case costs and are reimbursed from the client’s share only if we are successful. General information only, not legal advice. Past results do not guarantee a similar outcome.
