A consumer injured by a product in Pennsylvania may have legal rights against the product manufacturer. Below is a question we received relating to whether a product has to be recalled in order to file an injury lawsuit.
Question: I bought a blender after my friends recommended it to me. However, the blades fell out of the blender when I was pouring out a smoothie I made. I severed a tendon in my hand as a result and also needed a lot of stitches. I asked if this has ever happened to my friends who have the same blender, and it has not. I checked to see if the blender was recalled, but it was not. Can I sue the manufacturer even though it was not recalled?
Answer: Yes, you may sue the blender manufacturer even though the blender was not recalled. An injured consumer can file a dangerous products or products liability lawsuit in Pennsylvania if he was injured by a product. It is not necessary for the product to have been recalled in order to have a viable claim. However, in order to prevail in a PA dangerous products case, the injured consumer must prove that the product was defective in one of three ways, and that the defect caused the consumer to be injured.
A blender can be defective if it is designed improperly. For instance, if the blender had a component or part that made it unsafe for its intended use, then it is designed defectively. A blender can also be manufactured defectively, i.e., something happened when the blender was manufactured that caused it to have a flaw which can lead to injuries. Lastly, a blender can be defective if it lacks adequate instructions or warnings pertaining to its intended use or misuse.
We would need to know more about your accident to determine whether the blender was defective. If the blade in the blender is not a detachable blade but came off when you were pouring the smoothie, then there may be a manufacturing defect, especially if blades in other blenders with the same model number do not detach under the same circumstances. However, if the blades are detachable, the blender could be defective because it lacked proper warnings. For instance, if the instructions do not inform the consumers that the blades can detach when pouring something out, then it lacks proper warnings.
Dangerous products cases are often complex, and injured consumers should consult with an experienced products liability lawyer to determine whether there is a valid claim.
FREE consultations with the injury lawyers at White and Williams LLP. 877.944.8396