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PRODUCTS LIABILITY
Manufacturers, Designers,
Suppliers, Distributors, Wholesalers, and Sellers of products
are guarantors of the safety of the products. Products must
be provided with every element necessary to make them safe for
their use, and without any condition that makes it unreasonably
unsafe for its intended use.
Free Confidential Case Review.
Products subject
to the law run the spectrum from food, drugs, appliances, automobiles, medical
devices, medical implants, blood, tobacco, to airplanes, tools, and forklifts.
Products must be provided with every element necessary to make it safe for its
intended use, and without any condition that makes it unsafe for its intended
use. If the product, at the time it left the defendant’s control, lacked
any element necessary to make it safe for its intended use, or contained any
condition that made it unsafe for its intended use, then the product was
defective and the defendant may be liable for all harm caused by the defect.
Even a perfectly made and designed product may be defective if not accompanied
by proper warnings and instructions concerning its use. A supplier must give the
user or consumer any warnings and instructions of the possible risks of using
the product that may be required, or that are created by the inherent
limitations in the safety of such use.
Remember the first question in every personal injury claim
is the question of liability; or who is right and who is wrong under the law.
(See our Personal Injury Page for
more on Liability). In Products Liability cases, theories of
liability range from Strict Liability to Breach of Warranty to simple Negligence
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Two Convenient Law
Office Locations
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Huntingdon Valley, Pennsylvania
Haddonfield, New Jersey
Please click on our office photos for a map and driving directions.
PERSONAL INJURY LAWYER
ON CALL ALL DAY, EVERY
DAY
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PENNSYLVANIA: Strict Liability In Tort
Pennsylvania Juries may be instructed that if a product, at
the time it left a defendant’s control, lacked any element
necessary to make it safe for its intended use, or contained
any condition that made it unsafe for its intended use, then
the product was defective and the defendant is liable for all
harm caused by the defect. Such liability is imposed even
if the defendant has taken all possible care in the preparation
and sale of the product. This is the rule of Strict Liability
in Tort.
Contributory negligence is not a defense to a Claim of Strict
Liability .
PENNSYLVANIA: Breach of Express or Implied Warranties
Product warranties may be created in a variety of ways. For example, there
may be express warranties written in the materials accompanying the product.
Express warranties may also come from the words of the manufacturer, wholesaler,
supplier, or retailer in connection with the sale, or through advertisements.
Implied warranties most frequently arise by operation of law.
PENNSYLVANIA: Negligence
In circumstances where Strict Liability does not apply, defendants
can be held responsible for injuries caused by unreasonably
unsafe product defects. Negligence can be an act or an
omission. In other words it can be doing something that
should not have been done, or not doing something that should
have been done.
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THE NEW JERSEY PRODUCTS LIABILITY ACT
The State of New Jersey passed Product Liability Act, N.J.S.A.
2A:58C-1 through 7, effective July 22, l987. Through that legislation there is
one cause of action for recovery for harm caused by a product in the State of
New Jersey. That theory is, for the most part, identical to strict liability.
However, the New Jersey Product Liability Act excludes an environmental tort
action and breach of an express warranty. Some negligence actions involving
products probably survived the Act.
In New Jersey, the manufacturer/seller of a product has the duty to make/sell
a product that is reasonably safe. A reasonably safe product is reasonably fit,
suitable and safe for its intended or reasonably foreseeable uses. Manufacturers
and sellers of products owe a duty to direct users of the product, to reasonably
foreseeable users of the product, and to those who may reasonably be expected to
come into contact with it. A Plaintiff must prove the product causing the harm
was not reasonably safe for its intended purpose because of: (a) a manufacturing
defect; (b) a failure to adequately warn or instruct; ( c) a design defect.
All of these cases require careful review by our skilled
trial counsel. Please call now for a free legal consultation.
Please remember that this webpage and all of the information on this website
is intended to be a very general overview of the law. The law is much more
comprehensive and specific, and there are many exceptions and distinctions which
may make all the difference to you, your case, and your decision making process.
If you have any questions whatsoever, please do not hesitate to contact Attorney
Fenerty. The only bad question is the question that you did not ask.
Our Personal Injury Law Offices are conveniently located in suburban
Northeast Philadelphia and in Southern New Jersey. We are a Philadelphia
Personal Injury Law Firm with suburban convenience.
Call Now For A Free Consultation
- 888-947-4848.
Serving All of Pennsylvania and All of New Jersey.
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ATTORNEY FENERTY HAS EARNED THE DISTINCTION
OF BEING A LIFE MEMBER OF THE MILLION DOLLAR ADVOCATES FORUM OF
THE TOP TRIAL LAWYERS OF AMERICA. |
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Mr. Fenerty is admitted to practice law in
The Commonwealth of Pennsylvania, The State of New Jersey, The
United States Court of Appeals for the Third Circuit; The United
States District Court for the Eastern District of Pennsylvania,
and The United States District Court for the District of New
Jersey. |
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Mr. Fenerty is a
Member of The Pennsylvania Bar Association, The New Jersey State Bar
Association; The Pennsylvania Trial Lawyers
Association, The
Philadelphia County Bar Association, and The Association
of Trial Lawyers of America. |
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Contact
Information:
Telephone:
Nationwide Toll Free: 888-947-4848
24/7 Emergencies & Consultations: 215-858-3000
Fax:
Toll Free: 877-FAX-JFXF or EFAX: 801-382-1810
Our Office Addresses:
2661 Huntingdon Pike, The Gardens At Mount Jolly, Huntingdon
Valley, Pennsylvania 19006
38 North Haddon Avenue, Haddonfield, New Jersey 08033
Electronic mail:
General Information: MyLawyer@MyLawyer.net
New Client Inquiry: MyLawyer@MyLawyer.net
Webmaster:
webmaster@mylawyer.net
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Our Clients:
If you have a Personal Injury Claim, you need a
Personal Injury Lawyer. Our Clients come from all over the United States
of America and from overseas. We are proud to serve them all. Our Huntingdon Valley Personal Injury Law Office is proud to serve the legal
needs of all communities in Pennsylvania and New Jersey, including but not
limited to: Abington, Ardsley North Hills, Bensalem, Bethayers, Bristol, Bryn
Athyn, Bucks County, Cheltenham, Elkins Park, Feasterville, Fort Washington, Fox
Chase, Ft. Washington, Glenside, Gwynyd, Hatboro, Horsham, Huntingdon Valley,
Jamison, Jenkintown, Ivyland,
Keswick, Langhorne, Lawndale, Levittown, Maple Glen, Meadowbrook, Melrose Park,
Montgomery County, Montgomeryville, Newtown, Northeast Philadelphia, Northeast
Philly, Northampton, North Wales, Philadelphia, Rockledge, Roslyn, Rydal,
Somerton, Southampton, Tacony, Tookany Creek, Trevose, Upper Dublin, Warminster,
Warrington, Willow Grove, Wyncote, and Yardley.
Our Haddonfield Personal Injury Law Office is proud to serve the legal needs
of all communities in New Jersey and Pennsylvania, including but not limited to:
Atlantic City, Atlantic County, Blackwood, Barrington, Berlin, Camden County,
Cherry Hill, Collingswood, Deptford, Gibbsboro, Haddonfield, Haddon Township, Haddon
Heights, Hammonton, Lawnside, Magnolia, Margate City, Marlton, Medford,
Somerdale, Tavistock, Ventnor, Voorhees, Westmont, Williamstown, Winslow.
We Value Your Business. We Are Proud To
Handle Your Personal Injury Claims, Medical Malpractice Cases, Medical Negligence Matters, Motor Vehicle
Accidents, Car Accidents, Motor Cycle Accidents, Bus Accidents, Truck Accidents,
Workers' Compensation Cases, Work Related Accident Claims, Construction
Accidents, Industrial Accidents; Defective Products, Tools, Medications, Medical
Equipment, Prosthetics, and Drugs, Fires and Explosions, Slips Trips and Falls,
Unsafe Premises, Dog Attacks, and General Negligence Cases.
Thank you for visiting our website.
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