Just about any product can pose injury risks when used improperly. Other reasons for product-related injuries revolve around defects that may arise in the design or manufacturing phase. However, products known to be unavoidably unsafe pose injury risks simply by their very nature. Many victims in Pennsylvania believe they have no legal options when injured by these products.
It is true that some unavoidably unsafe products are protected from product liability claims. This is because the product's dangers are well-known, and manufacturers have made certain that the product contains ample warnings for consumers. For example, many medical devices are potentially unsafe, but patients may need the item despite its risks. In these cases, a health professional will inform patients about the benefits and the risks of the device, and together, they will decide if its benefits outweigh its risks.
Using the same example, what if the physician who prescribed the device was not aware of its dangers? Perhaps the seller failed to provide proper warnings that the item was unavoidably dangerous. Going a step further, perhaps the manufacturer did not inform the seller about the device's risks.
As you might expect, when the doctor and/or the seller did not know about the item's dangers, then the injured patient may be able to file a product liability claim. Since manufacturers and sellers have a duty to warn consumers about potential injury risks, uninformed victims may have a chance to pursue compensation for their suffering.
We want you to know that despite the complexities of product liability claims involving unavoidably unsafe items, you have the right to seek a remedy. Our website offers additional information about dangerous products and consumer rights. We invite you to continue reading if you need to learn more.